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

Asked about 1 year ago - 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. Sean Michael Patrick

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  2. George Costas Andriotis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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.

  4. Andrew Daniel Myers

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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