What can we do if my sister is receiving bills on a car accident that was not her fault? 14 Answers as of March 27, 2014

My sister was t-boned in my car from a driver with no car insurance. The driver went through a red light on the police report not in dispute. She hired an attorney at a well know firm but now we see incompetent law firm. She’s now receiving bills for thousands of dollars that my insurance will not pay due to max out coverage. And this attorney now tells her sorry it’s your doing. This is insane. On top of the fact that she’s still in severe pain and cannot go and see an orthopedic surgeon. Please help in anyway.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a second opinion.
Answer Applies to: Michigan
Replied: 3/27/2014
Stephens Gourley & Bywater | David A. Stephens
You need to talk with your attorney about the case or switch attorneys.
Answer Applies to: Nevada
Replied: 3/12/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Many medical care providers work on a lien, meaning that the injured party and her attorney sign a lien, which says that the party and the attorney will pay the (adjusted) amount of their bill from the settlement proceeds. Is there uninsured motorist coverage? Or is the attorney trying to get a settlement from the uninsured driver? If no settlement is possible (no UM coverage and no assets of the other driver), then if your sister was referred to the doc by the lawyer, ask the lawyer to get the doc to drop his claim. If the doc is your sister's, then she may have to negotiate with the doc herself, although I would like to see the lawyer step in and help.
Answer Applies to: California
Replied: 3/11/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If I understand correctly, your sister has maxed out the coverage on the policy covering the car she was in. If there is medical payments coverage on the car she was in, she can use that to pay bills up to the limits of coverage. Otherwise, she can put the bills on her regular medical insurance. She can also look to her own policies for underinsurance coverage. She can stack up to 3 coverages.
Answer Applies to: Alabama
Replied: 3/12/2014
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
I have read this question over several times and I am not clear whether you are talking about medical bills? If the other driver has no insurance and your insurance is maxed out, then she will have to either make payment arrangements, file bankruptcy, or find another resource. In NY, we have the Motor Vehicle Accident Indemnity Corporation. I don't know what state you are in, but perhaps you have something similar.
Answer Applies to: New York
Replied: 3/12/2014
    John Russo | John Russo
    Why is this the attorney's fault? She was hit by an uninsured motorist, so her uninsured portion of her policy kicked in to cover it up to her policy limits, maybe what the attorney is saying is that she did not have enough coverage on her end thats why the "Your doing" comment. I am sure the person that hit her has had their licenses suspended and a lien placed on it for the monies owned or at least the statutory limits , what do expect the attorney's to do pay her bills themselves, the person responsible most likely has nothing that is why they had no insurance in the first place, if they had assets she could go after them.
    Answer Applies to: Rhode Island
    Replied: 3/12/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    When things don't go like you want blame the attorney? If attorney thinks it is your sisters fault and the other parties think it is her fault, then maybe it is her fault why don't you get a second opinion from an attorney you trust and put your mind at rest.
    Answer Applies to: North Carolina
    Replied: 3/12/2014
    Bretz & Young
    Bretz & Young | Matthew L. Bretz
    She needs to get a new attorney asap. There are a lot of ambulance chasers out there who only look out for themselves. She needs a good attorney.
    Answer Applies to: Kansas
    Replied: 3/12/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Tell your sister just to forward the bills on to her own car insurance company.
    Answer Applies to: Florida
    Replied: 3/12/2014
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    If the "maxed out coverage" is the PIP coverage, the bills should be submitted to health insurance. If there is "uninsured motorist coverage" available, the bills could be paid from that claim.
    Answer Applies to: Delaware
    Replied: 3/12/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    She needs to get a better explanation from her attorney on how it is now her fault? The scenario does not make a lot of sense as I am sure you know or you would not be posting on this site. I suggest your sister sit down with her existing attorney and find out: 1. Is he saying she is partially liable? 2. Is he saying she is 100% liable? 3. Is he saying the other driver was not insured so she is going through her insurance and there is not enough insurance coverage to cover her medical care? I suspect the answer maybe number three. We often see serious crashes with minimum or no insurance coverage. You sister can sue the at-fault driver but it will be hard finding an attorney to do so, because the likelihood of collecting judgment with someone who did not have insurance coverage is going to be tough. However, not impossible, just tough and your sister in the meantime will not have any money to get treatment until she collects from the at-fault driver unless she settles with the UM carrier. You owe it to your sister to find out the reason and if the situation is something as mentioned above then changing attorneys will not change the situation. Your sister claim is why we encourage all drivers to carry as much uninsured motorist coverage as they can afford, that way you are not dependent upon the at-fault driver to cover your medical expenses. I am sorry for your sister's situation. I hope I am wrong and you can correct the or change the situation either by sitting down with the attorney or by hiring a new one.
    Answer Applies to: Georgia
    Replied: 3/12/2014
    Di Giacomo & Gruss | Christopher Di Giacomo
    Did she submit the paperwork to her insurance carrier because with regards to no-fault laws, she has up to $2000 in coverage. Then after that she submits to her?own health care insurance and if they won't cover it, then she coverage up to $8000.00?
    Answer Applies to: Massachusetts
    Replied: 3/11/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Your sister should get a lawyer to represent ur. If you are in Connecticut please have her call me. She should have nor the bills and do not respond to the other attorney. If the other attorney brings a lawsuit her insurance company will defend her. She should bring her own claim for her personal injury and will need legal assistance to properly develop the claim.
    Answer Applies to: Connecticut
    Replied: 3/12/2014
    Daniel Szalkiewicz & Associates, P.C.
    Daniel Szalkiewicz & Associates, P.C. | Daniel Szalkiewicz
    I am sorry to hear about your situation. She will be able to receive some money from New York UIM fund. You can also sue the person that hit her and receive a small amount of money a month for an extended period of time. She should also have medical bills paid for through no fault.
    Answer Applies to: New York
    Replied: 3/11/2014
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