If your medical bills are $10,000 due to an auto accident but your health insurance paid just $900 to settle all bills, which amount do you sue the driver who hit you for: $10k or $900?
You’re entitled to Howell amount, which is the amount of the bill minus adjustments.
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Under California law, if your doctor accepted $900 from your health insurance to pay the bills and wrote off or adjusted the balance to 0, you only get to recover the $900.
This is not to be construed as establishing an attorney client relationship. Further, you should seek a consultation with an experienced attorney as the advice is based on very limited information.
You should consult with an attorney.
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Neither. You make a claim for the full value of your injury claim, which includes pain and suffering. the medical portion will be limited to the amount ACCEPTED by the medical provider in full satisfaction of your bill - which may be higher than what your health insurance carrier paid. You should consult an attorney to handle this matter as there are issues of repayment to your health insurer.
You should contact an attorney to review all. You may be entitled to more for your injuries. There is usually no charge for an initial meeting
This reply does not create an attorney client relationship
You are destroying your claim. You sue for the value of your claim, which includes your past and future medical expenses, your past and future wage loss, your past and future pain and suffering. If you haven't consulted with an attorney, please do so before you cause irreparable harm.
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If an "at fault" driver causes and accident and injuries result therefrom, you are entitled to recover your medical bills plus general damages. If you treated through insurance, you're limited to the amount paid to satisfy all your bills, but this does not limit your recover for pain and suffering. Medical bills and "pain and suffering" are two component parts of the same element, "damages".
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Whatever the amount that was actually paid, which was $900.00.
At this point in time, and in the future, do not communicate with the opposing party's automobile insurance carrier. The opposing party's automobile insurance carrier does not have your best interest(s) at mind and at heart. You need to hire a licensed California Personal Injury Attorney to represent you and help you out.
Assuming that the automobile accident occurred in the State of California, in which city and county did the automobile accident occur?
On what date did the automobile accident occur?
Was there a police report made/filed?
How did the automobile accident happen?
The best answer I can give you in this situation is to discontinue attempting to handle your injury case on your own and stop dealing directly with the at-fault party's insurance carrier.
Your best bet to obtain the maximum settlement amount in this case is to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then to ensure you have completed the necessary medical treatment. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling personal injury cases. I am active on AVVO and answer questions only as a public service at this point.
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