I was injured in a fall. The insurance company I’ve been negotiating with has offered to pay my medical bills and offered me $1000 in cash. They want to pay my medical bills themselves. The bills have been sent to collections. Can I ask to pay my own bills out of the settlement or do I have to let them make the payment?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Michelle,
You can ask to pay your own medical bills, but the insurance company doesn’t have to agree. The insurance company wants to be sure your medical creditors are paid. If the medical creditors aren’t paid they can pursue a third party legal action against the insurance company.
Over the last 10 years more and more medical creditors have filed suit against insurance companies for paying injured victims of automobile collisions before making sure the insurance companies’ medical bills are paid.
As a result many medical creditors began to file “liens” on the proceeds of insurance claims. Once the insurance companies are put on notice of a medical lien they must protect the third party insurance company lien holder or face the probability of legal action.
The collection agencies will be quieted once their medical clients are paid. There isn’t much you can do about that. The good news is once your medical creditors are paid you will not be pursued by their collection agencies any longer.
Learn more here: Medical Liens on Your Settlement
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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