What is the name of your state? Virginia visiting Pennsylvania
I settled with the other driver's insurance, from an accident I was in, in Bethlehem PA. MY question is 'which states laws, and procedures, PA or VA, can be applied in the distribution of of said settlement award, between I and the Philadelphia law firm which represented me.
I am a resident of VA (for over 20 years), I was in this accident during a week's visit to see my Mother in Bethlehem. I was in a car that I rented from Enterprise in Bethlehem. The driver at fault, who's car insurance has settled with me is a resident of Bethlehem PA. PA is a no fault state, VA is an add on state. My own individual health insurance carrier (Anthem) paid for my medical bills resulting from the accident. My Philadelphia lawyers representing me in this case were aware that I had not reported the accident to my VA car insurance carrier (Metlife). I had even asked in a letter to them to let me know if I needed to do so.
I also had taken out car renters insurance thru Enterprise. When I spoke with an Enterprises insurance representative, I was informed that they had sent a PIP form to my Philadelphia lawyers. I was never told of this form by my lawyers. I also checked with Metllfe later, and was told that I am covered for $5000.00 in medical, if involved in an accident while driving a rental car. My medical bills including what Anthem paid and my copays, was just over $5000.00.
My settlement was for $30,000. My argument with my lawyers is:
Since they did not advise me of, or follow PA no fault laws, in the proper PA practice of medical bills being paid for by my car insurance (Metlife) or the car renter's insurance that I took out thru Enterprise; VA law (my state of residence) should be applied as far as the settlement distribution and attorneys' fees, using the "Restatement (Second) of Conflict Laws", and diversity jurisdiction.
Under VA law - all monies paid for by my health insurance carrier for medical treatments resulting from the accident would be subtracted from the gross settlement and awarded to me, before calculation from the net settlement of attorneys 40% contigency fee. In VA, this policy is followed in personal injury settlements and the distribution of the settlement amount, when the injured (client) has paid for their own individual health insurance and this said insurance carrier, paid for injuries from accident. Again this is the VA policy in cases where injured (client) has paid for their health insurance coverage not their employer or any other agency. Restated as far as my case: in VA the total amount of monies paid for my medical treatment due this accident, by my individual health insurance carrier (Anthem/VA Basic) are returned to me, from the gross settlement. The law firm representing me in this case would have no claim to any percentage contigent fee on such monies. Their contigency fee would be calculated on the net settlement amount after subtraction of all medical fees and costs.
I apologize, I am not a lawyer and haved done my best with terminology, and keeping this explanation as concise and clear as possible. I greatly appreciate all your time, help and considration.
Sincerely,
Bonnie Lou Olliff
I settled with the other driver's insurance, from an accident I was in, in Bethlehem PA. MY question is 'which states laws, and procedures, PA or VA, can be applied in the distribution of of said settlement award, between I and the Philadelphia law firm which represented me.
I am a resident of VA (for over 20 years), I was in this accident during a week's visit to see my Mother in Bethlehem. I was in a car that I rented from Enterprise in Bethlehem. The driver at fault, who's car insurance has settled with me is a resident of Bethlehem PA. PA is a no fault state, VA is an add on state. My own individual health insurance carrier (Anthem) paid for my medical bills resulting from the accident. My Philadelphia lawyers representing me in this case were aware that I had not reported the accident to my VA car insurance carrier (Metlife). I had even asked in a letter to them to let me know if I needed to do so.
I also had taken out car renters insurance thru Enterprise. When I spoke with an Enterprises insurance representative, I was informed that they had sent a PIP form to my Philadelphia lawyers. I was never told of this form by my lawyers. I also checked with Metllfe later, and was told that I am covered for $5000.00 in medical, if involved in an accident while driving a rental car. My medical bills including what Anthem paid and my copays, was just over $5000.00.
My settlement was for $30,000. My argument with my lawyers is:
Since they did not advise me of, or follow PA no fault laws, in the proper PA practice of medical bills being paid for by my car insurance (Metlife) or the car renter's insurance that I took out thru Enterprise; VA law (my state of residence) should be applied as far as the settlement distribution and attorneys' fees, using the "Restatement (Second) of Conflict Laws", and diversity jurisdiction.
Under VA law - all monies paid for by my health insurance carrier for medical treatments resulting from the accident would be subtracted from the gross settlement and awarded to me, before calculation from the net settlement of attorneys 40% contigency fee. In VA, this policy is followed in personal injury settlements and the distribution of the settlement amount, when the injured (client) has paid for their own individual health insurance and this said insurance carrier, paid for injuries from accident. Again this is the VA policy in cases where injured (client) has paid for their health insurance coverage not their employer or any other agency. Restated as far as my case: in VA the total amount of monies paid for my medical treatment due this accident, by my individual health insurance carrier (Anthem/VA Basic) are returned to me, from the gross settlement. The law firm representing me in this case would have no claim to any percentage contigent fee on such monies. Their contigency fee would be calculated on the net settlement amount after subtraction of all medical fees and costs.
I apologize, I am not a lawyer and haved done my best with terminology, and keeping this explanation as concise and clear as possible. I greatly appreciate all your time, help and considration.
Sincerely,
Bonnie Lou Olliff
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