Legal Question in Personal Injury in California
Hello,
I was in a car accident where I was badly injured and treated by Kaiser Permanente who I had medical insurance with at the time. During the settlement procedures with the car insurance company, Kaiser submitted claims for the treatment it provided to me due to the accident. My lawyer at the time argued with them that I had insurance and they were obligated to treat me under that insurance. Their take on it was that since the treatment resulted from a car accident, I should be liable for the treatment. My lawyer sent a number of letters to them arguing his case and then made me believe that Kaiser will not be entitled to anything since they've failed to respond to his letters. We settled the case, but now Kaiser is sending me letters about some arbitration. I asked my lawyer about it and he said that my case with him is closed and that I should hire a different lawyer to handle the claim by Kaiser. I don't think its fair for my lawyer to just brush me off like that after he got his fee from my case and make me deal with Kaiser all on my own now. What should I do? Please advice.
Thanks in advance,
Nara Sadykhov
2 Answers from Attorneys
I think you should file suit against your lawyer. If all you say is true, he may have committed malpractice.
Sounds like legal malpractice to me. My firm handles car accident cases all over the State of California. Your attorney should have known that under the California insurance code, insurance companies and health plans such as Kaiser have a statutory right to be reimbursed by 3rd party tortfeasors for the money they put.
When your attorney received a lien from Kaiser, he had an obligation to negotiate that lien before he paid you anything or even settled the case.
Your attorney is responsible for paying Kaiser. I would call the State Bar!
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