Legal Question in Insurance Law in Georgia

How to protect my Insurance claim?

I was involved in a serious car accident last January and suffered serious injuries without being at fault. At the time of the accident I had no medical insurance. The police report stated that I was not at fault, and therefore, the at fault party's insurance is supposed to give me a settlement (100 K). My question is: how can I protect my insurance settlement from being taken by the hospital (hospital unpaid bill is close to 500 K)? would filing for bankruptcy now protect me from paying the hospital? what if I get Medicare to cover my hospital bill? will Medicare come after me if they discover I am expecting money from Insurance? do they actually have a way to know about it?


Asked on 5/28/08, 10:43 pm

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: How to protect my Insurance claim?

You have essentially asked how to defraud insurers and creditors. I doubt any lawyer would answer such a question.

If you face 500K of bills and are only looking at a 100K settlement, you either have not gotten good legal help (if there is indeed enough coverage available) or you should be talking to a bankruptcy lawyer. However, as soon as you ask how to defraud creditors and insurers, you won't find one.

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Answered on 5/28/08, 10:49 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: How to protect my Insurance claim?

You have essentially asked how to defraud insurers and creditors. I doubt any lawyer would answer such a question.

If you face 500K of bills and are only looking at a 100K settlement, you either have not gotten good legal help (if there is indeed enough coverage available) or you should be talking to a bankruptcy lawyer. However, as soon as you ask how to defraud creditors and insurers, you won't find one.

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Answered on 5/28/08, 10:49 pm
David Glass Law Offices of David H. Glass, LLC

Re: How to protect my Insurance claim?

I do not think you are asking advice on how to defraud a creditor and I understand your concern with losing all of your settlement funds. First, you should investigate whether you have any other insurance coverage. Your vehicle policy (if it exceeds 100k) could stack on top of the other driver's policy. Also, Georgia has a "full compensation" rule. I can explain the rule further on the phone. The hospital likely filed a medical lien, which means the insurance company will not write the 100k check until that lien is satisfied. Your problem is too complicated to answer in an email. Feel free to call my office for additional discussion. 404.529.9081.

Sincerely,

David H. Glass

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Answered on 5/28/08, 11:27 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: How to protect my Insurance claim?

You are clearly asking how to defraud your creditors - that is clear leading up to, and especially in, your last sentence where you speculate about hiding the settlement from creditors. The insurance money is compensate you for your damages (ie, primarily your medical bills) - not allow you to avoid those bills and pocket the money. As stated, a reputable lawyer will neither assist nor encourage that. A qualified and reputable lawyer will make that clear, and try to see that you get a reasonable settlement and preferably one that more than covers attorneys fees of 35-40%.

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Answered on 5/29/08, 7:16 am


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