Lien placed by med. ins. co., attorney did not disclose; quick help?
A couple of things you should consider talking to your attorney about prior to settling your case.
1) Is he taking a fee on the first party benefits? You are entitled to these benefits (PIP and/or MedPay) regardless of fault. It requires very little work to obtain these benefits and you’ll find that most “good” attorneys won’t take a fee for getting these benefits for you.
2) Has your attorney included your future medical treatment in the settlement? If your doctor has found that you are a surgical candidate within reasonable medical probability and it is related to the loss, then it should be considered.
3) Has your attorney attempted to reduce your medical lien? Depending on the size of your settlement, most lien holders will consider taking less than they are owed on the lien.
4) Has your attorney already communicated your willingness to settle your case to the insurance company? If he has and a settlement agreement is in place, have a tough time backing out of it.
5) Does your state allow insurance companies to consider only the bills you have actually incurred (the amount paid by healthcare providers) or do they have to consider the billed amount? This is important. Many venues have adopted laws requiring insurance companies to consider only the incurred amount.
6) What are the tort carrier’s policy limits? If they are tendering their policy limits then that’s all you can collect.
You had to have known that you were filing your medical expenses on your healthcare insurance. It is reasonable to assume that they would want to get paid back since you someone else was responsible. Most states require tort carriers to protect the interests of healthcare providers (usually hospitals) and healthcare insurance carriers. Good luck.