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Go Back   Law Forums at Onlypunjab.com > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims

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  #1  
Old 04-20-2007, 05:22 AM
ismail ismail is offline
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Join Date: Jun 2006
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Default medical settlement and other issues??

Hello people,
A year ago, I was rear-ended and after nearly a year of medical care, finally been released. I retained a Personal Injury attorney shortly after the accident because the other guy’s insurance company would not leave me alone. My billed medical to my HMO is about $15,000 but the discount ended up being around $5,500. I want to know what value is used to determine the medical settlement, the HMO or the amount billed by the doctors? How common is it for an attorney to argue against subrogation or negotiate for 1/3 off for collecting the amount. Also, I don't want to get a bill from someone down the road saying that they are entitled to part of the settlement if there is one. So, will the lawyer make sure everything is resolved?
Thank You.
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Old 04-20-2007, 05:25 AM
Laura Laura is offline
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Join Date: Apr 2006
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Thank you for your thread ismail... needadvice will reply to your queries soon.
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  #3  
Old 04-20-2007, 07:16 AM
needadvice needadvice is offline
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Join Date: Apr 2006
Posts: 362
Default Re: medical settlement and other issues??

You need to pay your insurance company back for the money they actually spent. Whatever they negotiated off the doctor's original fee will not be your responsibility, you just make the HMO "whole" regarding actual cost to them.

The full cost of the bills will be taken into account when determining the settlement, and it's just used as one way of measuring how much treatment you required.

Just make sure that whatever you get, there will be enough to pay back the insurance company and have whatever amount you are looking for left over. Also, lawyer gets paid first and you have to pay the health insurance and everyone else out of the remaining 2/3.
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