Legal Question in Personal Injury in California

Find a local lawyer who takes FDCPA cases (there are some in your area). Maybe you can find a lawyer who will take the case on contingency.

Hello,

This is a completely normal and common situation. Blue Shield has a right to a portion of your settlement. You should call the recovery services, be nice and courteous, discus the bill and any possible treatment that was not a result of accident and thus should not be included and negotiated redaction of their lien. Providing proof of your economic hardship (tax returns, payroll stub), discussing your injuries and staying that your settlement was not very high will go a long way toward ACS reducing their rights. This is a much cleaner and easier way to go about it then taking any legal action.

Thanks,

Arkady Itkin

San Francisco Injury and Employment Lawyer

If you have not already done so, immediately tell the insurance company what the facts are and that if they pay the lien claimant anything they are personally liable as you only agreed to a payment to you and not any deductions for a lien, especially an inaccurate one. Then do as Mr. Itkin recommends, providing the lien claimant with details to support your claim that some of the bills are not for you or not related to this accident. Being polite but firm will result in your getting more money from them.

Mr. Shers' answer holds the key. Put the insurance company on notice immediately that you dispute the amount and why. The insurance company should then hold the funds. That should bring ACS to the table to sort it out.