Legal Question in Personal Injury in California

Settled w/ insurance, then got a second bill

It has been quite a few months since I was in a car accident. I settled for a good amount without a lawyer. I payed the emergency room bill and all other bills I was sent. My bills have been payed for about a month now, when today I was called by the insurance company saying they are recieving calls that I didn't pay the bills off. I found out that after paying the ''emergency room bill for over 400, that the physician bills me seperatly for over 200. The collections agency harrased me on the phone today, with the usual ''going on your credit'' threats, even asked me why I have no money left from the settlement(which to me is not there business). I've used the money for other bills and have nothing left. I did not include the physician bill in the settlement, I was unaware of this bill until a month after I settled. Should the Insurance company I settled with pay the bill still? Is it possible that they should have to legally do this? Or is it completely all my responsibility since I have settled? I have signed the paper that stated I had settled. What should I do???? thanks for listening.


Asked on 11/03/05, 6:09 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Settled w/ insurance, then got a second bill

you should probably retain an attorney who would affordably review your actual settlement agreement. thereafter, the attorney could specifically advise you of your rights and/or obligations under the terms of the contract. if you would like further assistance, contact us today.

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Answered on 11/04/05, 4:46 pm
Joseph Richardson Borton Petrini LLP

Re: Settled w/ insurance, then got a second bill

All of this is possible. Sometimes, you will receive separate bills from a hospital as to different departments (radiology, etc.). Additionally, even if you have medical insurance, your medical insurance may have some right of reimbursement if there is a settlement. To be perfectly frank, settling a case that involves medical bills presents issues that can create complications if not handled before a case settles. You are probably on the hook for at least some portion of those monies for these reasons. I can't be specific based on your information, but do your best to settle the amounts owed by making some payments on them or some lump sum at a percentage (50%, for instance), of what they're asking for. While they may be able to sue you, or put things on your credit, none of this puts money in their pocket. If they believe you don't have any money, and they understand something is better than nothing, they'll settle with you for what they can and move on, particularly because they don't want to sue you for several hundred dollars, really a minimal amount. Get a good attorney next time your case involves medical expenses and let us do our job for you.

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Answered on 11/04/05, 5:01 pm
Steven Wickman Wickman & Wickman

Re: Settled w/ insurance, then got a second bill

You should have hired an attorney.

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Answered on 11/04/05, 8:16 pm


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