Legal Question in Personal Injury in California

draft payee on settlement check

Vehicle ins company says they MUST put my name AND my medical insurance company name on ONE check to settle claim since my medical insurance company will receive a few hundred from claim for services rendered. Couldn't vehicle insurance company make out separate checks. Otherwise, I will have to send the full settlement check to my medical insurance company for them to endorce before I can deposit.


Asked on 1/20/03, 1:42 pm

3 Answers from Attorneys

Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: draft payee on settlement check

Sounds like they have a Lien on your case. You can pay your Med. ins. co. directly and have them contact the veh. ins. co. and release their Lien.

You can have the Med. ins. co. contact the veh. ins. co. directly and request 2 checks. Or you can get your med. ins. co.'s written authorization to endorse the check on their behalf, provided you agree to pay them upon depositing (and clearing of) the check.

Or, like you said, you can send it to them for endorsement and wait for it back. If you do this, do NOT sign it before sending it, send a cover letter, and make copies of everything. Good luck and thanks for your question.

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Answered on 1/22/03, 3:33 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: draft payee on settlement check

Thank you for your posting.

Unfortunately for you, the insurance company must put the medical lien holder on the check, unless they get a release from the medical provider. Otherwise, the insurance company doesn't know if the amounts you give regarding amounts are correct, or if you are able to negotiate something different with the medical lienholders.

As mentioned, you can pay off the lien holders, or you can otherwise get the medical company to notify them that two checks are okay.

I hope this information helps, but if you do have any other questions, want more information regarding any part of my answer, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.

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Answered on 1/22/03, 8:32 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: draft payee on settlement check

They can, but will not.

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Answered on 1/22/03, 10:06 pm


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