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Will he still have to pay hospital bills from his lawsuit if he pays for health insurance already?

Sacramento, CA |

My husband, while riding his bike, was run over. He was injured , broken libula and fibula, had surgery. Still recovering, he has a lawyer. Out of his award will they deduct hospitial costs even he if pays for insurance monthly? We live in California.

Attorney Answers 6


  1. He will have to pay any outstanding medical bills in addition to a health insurance lien if his health insurance paid benefits for accident related injuries. Both of those can be negotiated down by your attorney.

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  2. Talk to your lawyer about this. You should also provide a copy of the health insurance policy or ask your lawyer to obtain one. If the medical providers are participating members of the insurance plan - they have agreed to accept scheduled payments and should not balance bill. Often there are some providers who are not members of the plan and so they are not bound by the schedule. Good luck.


  3. Liens and rights of subrogation can be a problem. Health insurance companies who run those smiley happy commercials want their money back if they pay and there is third party liability. You need to discuss this with your attorney now in order to make sure this is addressed properly. Here's why: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  4. The lawyer should be able to negotiate the bills down to 5-10 cents on the dollar. Make sure he doesn't sign settlement release until the lawyer has resolved these bills.


  5. Yes. The hospital typically has a lien under civil code section 3045, although your attorney should be successful in reducing the total amount that the hospital is reimbursed. Your insurance company may also have a lien under Civil Code 3040. I would speak to your attorney about this. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  6. Isn't your husband's lawyer also your lawyer for your derivative claim? You should contact your attorney and ask him or her all of your questions. If you do not have attorney representation, you should secure same.

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