Wife had a car accident 6 year, not her fault; which was resolved. a lost bill pops up that says we owe. are we still liable

Asked over 1 year ago - Las Vegas, NV

a medical bill swept under the rug turns up during a company house cleaning. the matter was settled in our favor. the fault was not ours. are we still responsible for their negligence

Attorney answers (7)

  1. Richard S. Johnson

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . More information would be helpful, but the short answer to your question is probably YES, you are responsibel for the medical bill. I assume that when your wife settled her case, she signed a release of all claims against the at-fault driver. If so, there is likely nothing she can do with respect to the bill. Feel free to call if you have any questions.

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
  2. Jill K. Whitbeck

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . I am unclear on whether the accident was 6 months ago or 6 years ago. In general, it doesn't matter who was at fault or whether or not you settled -- you are responsible for your bills either way. However, if this bill is 6 years old and no one has contacted you for payment, it was surely long ago written off and is no longer collectable (statute on contract bills is 6 years, statute on non-contract debts is 4 years). If the bill is only 6 months old, try to get health insurance or medical payments (if applicable) to cover it, and failing that, make arrangements to pay.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 6 years ago or 6 months ago?

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Sandy Van

    Pro

    Contributor Level 5

    2

    Lawyers agree

    Answered . Your former attorney should have made certain that all medical bills were paid, maybe he did and this debt was inadvertently sold to a debt collector. If it is a small bill, then you may want to pay it and also dispute the debt to take it off of your credit report. If it is a large bill, they may sue you to seek a judgment and that will open a whole can of worms. See if your old attorney can help you. The statute of limitations is 4-6 years depending on the type of contract debt. However, many of these debt collectors are bullies and will just hope that you cave to their tactics. If it is past the statute of limitations, then contact them and tell them this, also explain the situation and show them any proof you have. They may not listen, because debt collectors are bullies. If you contact them before the Statute of Limitations has run, then this may start the clock ticking again and you definitely do not want that.

  5. Kevin Coluccio

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on some factors. Did you have an attorney? If so, ask for help from the attorney on the issue. There may be a statute of limitation regarding the billing. You need to check with an attorney on the issue of the statute of limitations.

  6. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . Contact your former attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Howard Robert Roitman

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . LOS ANGELES COUNTY BAR ASSOCIATION
    PROFESSIONAL RESPONSIBILITY AND ETHICS COMMITTEE




    SUMMARY

    MEDICAL LIENS - DISBURSEMENT OF CLIENT FUNDS.

    An attorney who has notice of a medical lien on funds recovered by a client in a personal injury action should not disburse those funds to the lienholder without the client's consent. The attorney may not simply disburse the contested funds to the client under such circumstances, however, even where the client so instructs the attorney.


    AUTHORITIES CITED

    American Bar Association Informal Opinion No. 1295

    California Rules of Professional Conduct, Rules 4-100 and 4-210

    Crooks v. State Bar, 3 Cal. 3d 346, 90 Cal. Rptr. 600 (1970)

    "Interprofessional Guidelines," A Joint Publication of the California Medical Association and the Standing Committee to Confer With the CMA, State Bar of California (Revised 1991)

    In The Matter of Respondent P, 2 Cal. State Bar Ct. Rptr. 622 (Review Dept. 1993)

    Johnstone v. State Bar of California, 64 Cal. 2d 153, 49 Cal. Rptr. 97 (1966)

    Los Angeles County Bar Association Formal Opinions No. 368 (June 16, 1977) and 454;

    Miller v. Rau, 216 Cal. App. 2d 68, 30 Cal. Rptr. 612 (1963)

    Pearlmutter v. Alexander, 97 Cal. App. 3d Supp. 16, 158 Cal. Rptr. 762 (1979)

    State Bar of California Committee on Professional Responsibility and Conduct, Formal Opinion No. 1988-101


    FACTS AND ISSUES PRESENTED

    The Committee has been asked for an opinion regarding the following facts:

    A client obtained medical services paid for by a health plan. An attorney filed a personal injury suit on the client's behalf. Prior to settling the client's case, the attorney received a notice of lien from the health plan and a copy of a lien acknowledgment form signed by the client. When the case settled, the client instructed the attorney not to pay the lien but, rather, to remit the settlement funds to the client. At the attorney's request, the client subsequently signed an acknowledgment form acknowledging personal responsibility for the debt.

    The issues presented to the Committee are whether an attorney may properly remit settlement funds to a client, in accordance with the client's instructions or, alternatively, to a third party lienholder, despite the client's lack of consent, where (1) the attorney has notice of the third party's interest in those funds; (2) the attorney is aware that the client has executed a lien acknowledgment form; and (3) the client subsequently acknowledges his or her own responsibility to pay the third-party debt.


    DISCUSSION

    It should first be noted that the legal enforceability of a third party's interest in client trust funds held by an attorney is a question of law beyond the purview of this Committee. Thus, we limit our consideration of the issues presented here to their ethical components.[1]

    The general rule concerning funds received or held by an attorney for the benefit of a client is stated in Rule 4-100 of the California Rules of Professional Conduct. That Rule provides in pertinent part that:

    "A member shall...[p]romptly pay or deliver, as requested by the client, any funds, securities, or other properties in the possession of the member which the client is entitled to receive." (Emphasis added.)

    Normally, disbursing trust funds to a client pursuant to the client's instructions would be an appropriate course of action. Under the facts presented here, however, should the attorney disburse the funds to the client without the lienholder's consent, the attorney may be subject to discipline. Because the attorney received a notice of lien from the health plan, as well as a copy of a lien acknowledgment form executed by the client, certain fiduciary duties to the health plan have arisen which now conflict with the attorney's duty to obey the client's instructions regarding disbursement of the funds.[1]See, e.g., Crooks v. State Bar, 3 Cal. 3d 346, 355, 90 Cal. Rptr. 600, 606 (1970) ("When an attorney receives

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now