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Junior Member
I won my auto accident/injury case. I had two medical bills with liens on the case. My attorney absorbed the entire amount won in the suit in his fees, and said he would get the lienholders to write off the bills. One did, and one sent me to collections. I was referred to this medical provider by my insurance, but they wanted cash since it was an auto accident. When no cash materialized, they asked me to send them my health care information so they could submit a claim. However, the insurance company wouldn't take the claim because they did not submit it in a timely manner. Now a collection agency has filed a lawsuit against me on behalf of the medical provider. Do I have any options available to me? I can't believe I would be held responsible to pay this account. All I did was get rear-ended at a red light! This is a California issue.


Senior Member
Something doesn't sound right...how could the entire amount won be absorbed by your attorney's fees if he was getting a percentage?

If someone's auto insurance isn't going to pay the bill, and your health insurance won't pay it because of timely filing, then you're responsible, you should have given them your insurance information from the start.


Junior Member
To ecmst12:

The insurance company's attorney filed something (I think it was called a 998) that if I was not awarded more than the settlement amount they offered I would be responsible to pay their costs. My attorney advised me I could be held responsible for all of the hospital costs for two surgeries (neck and shoulder), and that the settlement offer was not enough. It went to trial and I was awarded less than the settlement offer. I had to pay the attorney his percentage and costs for expert witnesses, etc. I ended up with nothing and the two lien holders did not get paid. I don't even know if what my attorney did was legal. Shouldn't the lienholders have been paid prior to him getting anything?

Also, the medical provider refused to take my insurance card from me at the initial onset of treatment, saying this was how they billed "auto accidents". I think this is also fraud, because I was referred to them by my primary care physician. But I was too naive at how all this works to understand it at that time. Now I simply feel like I was nothing but a big dollar sign to all the parties involved. I lost everything, and am still losing for something that was not my fault. I'm going to court hoping the judge will see my side, but I have no money for an attorney and feel like I will lose even more. Please help me know what to do.


Senior Member
No, the medical provider wouldn't take your insurance information, because they weren't sure your insurance was going to pay. Most people have an exclusion clause in their health insurance policy which states that it will NOT pay if other insurance should have been available instead (meaning auto insurance). Therefore, your medical provider was making you responsible for the bills.


Junior Member
Did my attorney do something illegal?

So, does anyone know if it was legal for my attorney to pay himself before the two lienholders? It doesn't sound right. I thought that lienholders had first rights.


you need to sue your lawyer. He cant charge you for his witnesses either.thats all out of his cut.unless you made pre arrangemets prior

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