Expert: Bennie719 - 1/31/2008

Question
18 months ago a drunk guy hit me head on going 60mph. I ended up having to use a wheel chair and walker with a broken hand in 2 places, exc. My medical bills have rung up to $15,000. and my lawyer says that he only has a $25,000. liability policy. And the hospital is suing me for $12,000.My question is- does that get taken out of the $25,000 i may possibly get IF SO then I had insurance through the state, which would cover that???? And i also had liability insurance which would only cover $1,000. What is it that my attorney cannot move on until this is figured out.Could you please help me understand this ?

Answer
Hi Nicole,
Yes, the amount owed to the hospital would be subtracted from your settlement from this injury claim since it appears that they have already filed a lien.
Even though you have insurance through the state, it may contain a clause requiring reimbursement in cases where you recover from a 3rd party.  This is something that you or your attorney should check.
If you have $1,000 Medical Payment coverage from your own policy, you should file a claim with your own company for that coverage.
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area