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Personal Injury lien question in California. Westmed dba McCormick Ambulance. They never sent a lien notice. Is there a lien?

Los Angeles, CA |

Okay, long story short. I was injured in Los Angeles. I have a ton of medical bills and not too much money because of the size of the insurance policy. Right now, I am trying to determine which ones need paid NOW because of a lien on my file vs. which ones are just going to go after me someday and I can deal with them. I have my representative looking into it, but I wanted to do some research in regard to this particular creditor. The ambulance company knows that I have a case and they did send a bill...but nothing else. DO THEY HAVE AN AUTOMATIC LIEN OR ANY SPECIAL PROTECTIONS I NEED TO KNOW ABOUT? Does anyone have a reference / authority that I can look up to learn more about California lien law in regard to a personal injury case?

Attorney Answers 7


  1. they don't qualify for a Hospital Lien under 3045 but regardless, you've incurred a personal obligation for their services and at some point it needs to be resolved. Depending on who the ambulance company is they can be difficult to negotiate with, i.e. AMR. If you have health insurance of course just submit it to your health insurance carrier. Otherwise, you're going to have to come to some sort of agreement with them for payment.


  2. A private Ambulance company doesnt have a lien unless you sign one for them. If you want to learn about liens, you may ned to go to the local law library. There are vatious reference books out there. Witkins summary of Calif law, California practice guide Personal injury by Rutter group, etc.


  3. no automatic lien. They will however, aggressively pursue collections. The only entities that get automatic liens are government linked health insurance, i.e., Medi-Cal, Medicare, Tricare, VA etc..., there is a quasi auto lien for Hospitals providing ER care under CC sec. 3045, but it requires the entity to jump through several hoops and they usually miss one.


  4. In addition to the above attorney responses, please also know that, in addition to the original charges, the ambulance company will add interest.


  5. With "a ton of medical bills" and an insurance policy, you need to consult with an attorney who can become adequately informed. You post looks a lot like one reworked from one 1-2 days ago. Only if the ambulance is an "hospital" can there be a statutory emergency lien. It seems that, at a minimum, you should be looking into public assistance (Medi-Cal or C.M.S.) and negotiations to reign in (reduce) the liens.


  6. I don't believe they qualify under the The Hospital Lien Act, so it becomes simply a matter of collections from you on behalf if the ambulance company. In these situations, I usually recommend that my clients offer a payment schedule and then their credit is not negatively impacted.

    Good luck!

    Tryklaw.com
    Fresnoinjuryblog.com

    DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you are in search of legal advice, you should consult with an attorney about your specific situation. Communicating with Tryk Law, Accident Injury Attorneys through the use of this website does not establish an attorney/client relationship. You should not disclose any information that you consider confidential until an attorney/client relationship has been created.

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