Legal Question in Personal Injury in Indiana

i got settlement from auto insurance, $100,000.00. My medical insurance with 80/20 and I having paid my deductable has paid medical bills. My attorney kept $25,000 and gave me $25,000 one year ago. The attorney has the other $50,000 dollars. He says he is waiting for all of anthems bills to be in before he does subregation with them with the other $50.000. My auto insurance man said that other $50,000 is mine and i should have it and not the attorney. Is this correct and should I get the $50,000 back?


Asked on 12/30/09, 2:13 pm

2 Answers from Attorneys

Your auto insurance man should stick to insurance. First of all, the attorney does not have the money, rather it is in his trust account. He can not use that money for his own personal or business use. Rather, it is being held in trust for you. If the attorney has notice of a third party claim (subrogation lien), he has an obligation to maintain sufficient funds from a settlement to pay off that lien.

By the way, the subrogation right arises from your contract with Anthem. It is your obligation and the attorney is making sure that he has an accurate amount of the lien in order to pay Anthem and provide you with any surplus.

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Answered on 1/04/10, 2:20 pm
Jay Rigdon Rockhill Pinnick LLP

I agree with the previous answer. The only question I have is why it has taken one year to get those bills and to lay the subrogation lien. Are you still having treatment? If not, Anthem should be taken care of by now, and you can ask your attorney to show you his last correspondence with them to make sure he is staying on task to end up resolving this issue.

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Answered on 1/05/10, 6:59 am


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