Legal Question in Personal Injury in California

How much to hand over to my HMO carriers

With the help of a lawyer, the settlement for a car accident occured 3 years is $10,000. The lawyer fee and cost is $4000.0 which left me with $6,000. The medical cost over the past 3 years is $5000.00 which was paid by my HMO Health net plan. Now a subrogation company, Rawlings Company, saying it represents health, insists that I have to pay $3333 out of the $10,000 settlement, which is two third of the medical cost. Is this fair? My layer refused to negotiate with Rawlings for me since he will not get anything out of it. I am still suffering pain and weakness from the accident.

Thank you for your comments, suggestions and inputs.


Asked on 12/08/06, 12:56 am

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: How much to hand over to my HMO carriers

Normally, the attorney negotiates with the providers upon settlement. In this case, since they are coming after you for the money after you settled your case, you are responsible for payment. Consider this, if your attorney would have negotiated the bill for you, the same amount of money may have been subtracted from your settlement anyhow. If I were in your shoes, I would try to negotiate the bill down further and make payment arrangements.

Good luck.

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Answered on 12/20/06, 4:14 pm


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