[natashaschultz]

I was hit by a drunk driver back in August. She totaled my car, sent me over the center divider. I was taken by ambulance to hospital and have a fracture on my T8 in my spine. I have been out of work since accident and am still treating. My question- An attorney advised me to settled with her insurance for their max limit- I did- it was $50K. Check was sent straight to me. Long story short he said by doing a background check on her she had nothing, this was her 3rd DUI so she would be in jail for a long time and I could not afford for him to take 33% so for me to just settle...
Now, my 1st medical bill for the first night was $47K... the hospital passed this bill along to their attorneys because they were going to put a lien on the settlement. Well, I already settled, so now what?
The attorneys called me and said they will send out a bunch of forms. They will need prior years taxes and what to know what I settled for and will take into account that I am still treating... my concern is are they going to want to take a lump sum from me?? I legally allowed to pay them monthly payments? I want to make sure I keep enough in savings to pay for all these other appointments I have and to cover my bills since I am out of work. Any advise is appreciated... thank you!!

[AK lawyer]

... An attorney advised me to settled with her insurance for their max limit- I did- it was $50K. Check was sent straight to me.

...the hospital passed this bill along to their attorneys because they were going to put a lien on the settlement. Well, I already settled, so now what?

The attorneys called me and said they will send out a bunch of forms.
...

I want to make sure I keep enough in savings to pay for all these other appointments I have and to cover my bills since I am out of work. ...

Near as I can make out from what you said, you settled for the policy limits and your medical bills are going to be way over what you received. So there isn't going to be anything "to pay for all these other appointments", let alone "to cover [your] bills since [you are] out of work". What more is to be said?

Oh. You want to arrange to make monthy payments in return for continued care? That's up to them.

[smoothy]

You can still bring a civil suit against that drunk driver even IF you settled with their insurance.

They might not have anything to take... but you will make sure they never do either.

[AK lawyer]

You can still bring a civil suit against that drunk driver even IF you settled with their insurance.

They might not have anything to take...but you will make sure they never do either.

The settlement probably included a release of the insured other driver. In such case, no, OP couldn't sue the other driver.

[smoothy]

It would help to know for sure... clearly the insurance company has its limits... however when you have a case that can be considered criminal negligence the responsible party (the drunk driver) can he held repsonsible for anything OVER what the insurance would pay. At least in Pennsylvania it did once upon a time.

That would apply in other cases where a driver had minimal insurace coverage and damages excede that coverage. Except where no-fault laws exist I think.

I knew one guy ( a close friend for over 10 years) that did sue and win a judgement in a case like that, not that he was ever able to collect anything... but if that party ever acquired anything of value it could be garnished.

Yeah the insurance company ALWAYS covers their own backsides when you sign the settlement. But the responsible party is who I was referring to sueing. Of course out of work and out of money may make that impractical.

[natashaschultz]

My actual question was: I have most of the money set aside in savings and I am wondering if the hospital lawyers can take it ALL from me at once OR should I be able to spend it how I see fit and pay the hospital payments for my bill?? I don't want to pay them all of it because I am still having back pain and know I will have to continue to go to doctors which I am paying out of pocket. Thanks again for your advice.

[AK lawyer]

...I am wondering if the hospital lawyers can take it ALL from me at once ...

As I understand it, you got paid $50,000 and owe the hospitlal $47,000. If they want to take it from you they will need to reduce their claim to judgment. Until they do, no, they can't take it from you.

On the other hand if you want to be treated in the future, you have to come to some agreement with them.

Did your own automotive insurance have medical coverage? Has it paid?

[natashaschultz]

AK Lawyer,
Just so you know where I am coming from, I am not trying to skip out on the bill or anything, I just want to pay payments so I can have some money in the bank until I can go back to work and until I can stop going to the doc. Currently I am not seeing "them" anymore. I was just taken to them because they were closest to where the accident happened, so I'm not concerned with future care... so, in your opinion, do you think they would accept monthly payments??

[natashaschultz]

Oh, forgot to answer something... my auto insurance was unfortunately lower then the other party's so they did not kick in... I won't make that mistake again... I increased it right away.. ugh.. live and learn.

[AK lawyer]

...so, in your opinion, do you think they would accept monthly payments???

As opposed to just suing you? Probably. I suppose that's why they have asked for your financial information.

oh, forgot to answer something... my auto insurance was unfortunately lower then the other party's so they did not kick in....

It would be two separate insurance coverages. The other party's liability coverage plus your policy's medical coverage.

[Fr_Chuck]

Well of course the settlement was suppose to be to pay for the medical bills, so I guess I wonder why you don't want to use it for what it was suppose to be used for.

But they don't have to accept payments, normally they will either send it to a collection agency, or an attorney. They may, if they know you got a settlement merely sue and get a judgement and garnish your bank accounts.