Legal Question in Personal Injury in California
I signed a release of claims, with the understanding that I would be receiving $9,554, which was clearly stated on the release I signed. I received a check for only $4,000, and am told that the other $5,554 was only if I needed to repay my insurance carrier for my medical bills, and that the $4,000 is what I agreed to. This is not what I agreed to. I would not have settled for only $4,000. I only agreed to $9,554, and that is what I signed off on. Is the release I signed valid or legal if I received less than half of what I signed for and agreed to? Is the other insurance carrier in breach of contract? I have no liens, attorney fees, or medical bills that need paid. The other insurance is just keeping more than half of my settlement. What should I do?
2 Answers from Attorneys
The answer to your question appears to be based on the terms of your own insurance policy. It appears that there is indeed a lien based on what you have provided, which is governed by contract with your own insurer.
I answered this yesterday -- based on this response, I assume that you did not have an attorney. Your health insurance carrier is entitled to be paid back from any third party settlement. Since it appears that you did not have an attorney help you through this, remember that an attorney will be helpful for you in the future.
Based upon your summation here, the release sounds binding. You agreed to a $9554 settlement, certainly with a provision that you would be responsible for paying back your medical bills either if received under a lien or via a subrogation lien.
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