Car Insurance company is sending check attorney states Medical lien is larger afterwards payout, what are my option
7 months ago my wife was in a in close proximity fatal car twist of fate. She is healing, but will have pretty serious complications for the rest of her vivacity.
This was a one car crash, my wife be cut off by what the insurance company has titled a "phantom" driver. There is not a soul to go after except our own insurance.
Our attorney called us near good news, the insurance company is paying out the max on the claim $300.000.
But here is where on earth the problem starts, so far the medical insurance company has paid out $269.000 and have a "lien" for that previous unsure what this means at this point.
the laywer gets his 33% which is 100.000 which leaves us next to $200.000 to pay towards the lien. further more there is an auxiliary $30.000 in misc. medical bills that are in my wife's christen due to co pay's uncovered items etc.
Is any of the money awarded to my wife considered pain and suffering or loss of income. I would hate to reason that the only person making money is the attorney,
thank you,
based upon your situation,I mull over you should find something useful here.http://car-insurance.easyideas4u.info/uk...
Just curious why she hired an attorney if there was not a soul to sue? Was there actually contact near the "phantom" vehicle, or was it a single vehicle accident near no way to trace or prove the phantom vehicle?
wow, the only being making money is the laywer
I am going to do some research, sounds very gray, you might want a second laywers opinion
sad state of affairs when to attorney's cash out, I will meditate of you spouse
Answers: Assuming you are contained by the U.S.
Sounds like your wife has a Uninsured Motorist Bodily Injury claim (UMBI). Frankly, I'm surprised the company is covering this since at hand was no contact with the other coup¨¦. What state are you in. Most states that I've handled UMBI claims contained by require contact between the cars and verification that the other party in fact did not have insurance. What state are you are you in?
There are two things that should arise here.
1. The lawyer should be asking the company with the medical lien to drop their lien due to the reality that your wife will "not be made whole" by the available funds. If they don't drop the lien they should at least reduce it. Make sure the advocate attempts to do this. If they tell you it can't be done ask for a copy of the statute or "case law" that proves that. Make the legal representative earn their fee.
2. The lawyer should use up their fee in a edges case like this. You're are right the just one making any money here is the lawyer, but that is agency too common in these cases. If the advocate has a decent bone within their body they will reduce their contingency from the standard 1/3 to something much less to minister to make the numbers work.
Good Luck and I hope things go okay for your wife.
EDIT
YOU WROTE:
"Do you have suggestion on approaching the laywer? I know him personally but not on a "friend" justification. He was the president of my country club that I was employed at."
MY RESPONSE
I've never be in the position of the injured party but as an adjuster I enjoy many times asked lawyers to consider reducing their levy in the interest of doing what is best for the injured person. I reflect you need to forthright with him and ask if what he have done is really worth 1/3 of the settlement. Yes, it will be an uncomfortable conversation but it has to be done contained by order to protect your wife and your financial future. FYI it is other best to hire a lawyer that you have no nouns to. If the lawyer refuses to dwindle his fees then you need to create sure that they do EVERYTHING they can to get the medical lien reduced or dropped. You might even want to consult with another legal representative just to see if your lawyer have an ethical duty to reduce their fees.
YOU WROTE:
"Am I correct in stating that according to usual procedures getting any money out of UM without another party sustaining interrupt is a "good" job by the attorney?"
MY RESPONSE
Here's my full disclosure disclaimer. I am not a licensed FL adjuster and don't handle FL claims. It might enjoy been a good living by the lawyer, but to be honest with you I don't know. I suspect that within FL that an impact is not required in order to label a UMBI claim.
(There are some FL adjusters who post answers here and I hope they answer your ?)
I suspect this because if the law allowed the company to deny the claim due to no impact etc, then the insurance company would own denied the claim and made the lawyer file a lawsuit up to that time they would have just offered up the policy borders.
Again, I wish you good luck surrounded by this complex situation.