[Highndry]

Hello to all. I was rear-ended in April of 2007. Two weeks prior to this accident, I had unfortunately lost a pregnancy, (which required both a DNC and tubal repair) and still had stitches in my belly. The impact of the accident was so severe, the young man that hit me totaled his truck. I was subsequently hospitalized for observation. In the end, I didn't have any abdominal damage, but did sustain a neck injury. I hired my good friend's husband, who is a personal injury attorney, to represent me. I finally settled my case in 2009 and in reviewing the settlement documents noticed that the hospital was not included. My attorney's paralegal responded by saying that the hospital reported a zero balance. I thought this was odd at the time, but had health insurance and figured that my legal "team" knew the appropriate questions to ask of the provider billing offices and insurance company involved in my case/ care. (This, I know now, was my fatal mistake!! ). I received a call last week from a collection agency, stating that I owe $700 to the hospital. I then called the hospital, as I have not received a single bill, letter or phone call from them stating I owe anything. I even told them of when my attorney called before my case was settled and were told that I had a zero balance. The hospital rep that I spoke to said that the $700 amount was what Would have been my co-insurance amount, but since my hospitalization was related to a car accident they "recovered" any and all $ paid out on my claim. So, in reality, I owe over $7,000. She said that they provided this information to my attorney's office several times. I immediately called my attorney and after a lot of lecturing on his part about how ultimately all medical bills are my responsibility and how his office merely contacts providers as a courtesy... I realized that he was not willing to do anything! My credit is no doubt seriously damaged now. What can I do about the bill, as it should have been included in the settlement? Also, can I take any action against my attorney?

[Fr_Chuck]

You pay the bill or make arrangements to pay it.

That is about all you can do at this point.

Also if your medical insurance paid for this, they can even come back to get their money back if there was a settlement of someone at fault, *** does not normally happen, but I have seen it happen ( happened to me to be exact)

[Highndry]

You pay the bill or make arrangements to pay it.

That is about all you can do at this point.

Also if your medical insurance paid for this, they can even come back to get their money back if there was a settlement of someone at fault, *** does not normally happen, but I have seen it happen ( happened to me to be exact)

Thank you Fr_Chuck and ATYOURSERVICE for responding to my question. I know that I am ultimately responsible for the hospital bill, I just hate that my attorney wasn't more thorough and diligent in doing the job I paid him to do! I definitely can't afford to pay in full right now. Heck, I didn't even get $7,000 in my settlement when it was all said and done, and now I have credit damage to boot! What did I need him for again!!

[sideoutshu]

The attorney should have taken care of this, or at least advised you before settling the case. Do you have health insurance? How was the medical treament prior to the accident paid for?

[Highndry]

The attorney should have taken care of this, or at least advised you before settling the case. Do you have health insurance? How was the medical treament prior to the accident paid for?

Hello! Yes, I did have insurance at the time- Humana. Only my hospitalization was processed through the insurance. My Other providers agreed to wait for payment until case was settled. To my understanding- all other accounts have been paid. I called the hospital again this AM and spoke with the one person in the billing department who is responsible for communicating with attorneys and responding to their requests for account info. She reviewed my account and confirmed my balance due as $700- not the $7,000 figure I had been told before (Thank God!), and supplied me with numerous dates in which my attorney's office was provided with this figure. She went on to state that she had all documentation to support this.

[ScottGem]

If the hospital can provide documentation that your attorney was billed for this amount, then it should have been paid out of the settlement and you might have a case against the attorney. Whether its worth pursuing is another matter.

On the other hand, why were you never informed of the balance?

What I go back to the person you were speaking to. Explain to them you were never made aware of this amount and ask if you can get a payment plan. Ask also if anything has been reported to the credit bureaus about this. That may not have happened and your credit may not be affected.

Then you need to decide whether to go after the attorney fto reimburse you.

[sideoutshu]

Hello! Yes, I did have insurance at the time- Humana. Only my hospitalization was processed through the insurance. My Other providers agreed to wait for payment until case was settled. To my understanding- all other accounts have been paid. I called the hospital again this AM and spoke with the one person in the billing department who is responsible for communicating with attorneys and responding to their requests for account info. She reviewed my account and confirmed my balance due as $700- not the $7,000 figure I had been told before (Thank God!), and supplied me with numerous dates in which my attorney's office was provided with this figure. She went on to state that she had all documentation to support this.

Well in that case, assuming the $700 is a co-insurance figure, just pay it off. Your attorney screwed up, but it is a moot point as the money would have come out of your portion of the proceeds no matter what. You are in the same position paying it now as you would have been had he paid it prior to disbursing the funds.

[Highndry]

Well in that case, assuming the $700 is a co-insurance figure, just pay it off. Your attorney screwed up, but it is a moot point as the money would have come out of your portion of the proceeds no matter what. You are in the same position paying it now as you would have been had he paid it prior to disbursing the funds.

Thanks to you and ScottGem for your advice. Unfortunately, the account has been reported to the credit reporting agencies. I did, however, just get a call from the same hospital rep I spoke to earlier informing me that she and her manager will be meeting later today to discuss reclaiming my account from the third party, possible reduction of balance due and erasing any and all negative impact this account has had on my credit. Keep your fingers crossed! Sounds almost too good to be true, right? I'll let you know the outcome.

[ScottGem]

Good luck and keep us posted. I do think the hospital has some ethical liability here, if not a legal one, since they never informed you of the balance before turning it over to collections.

[Highndry]

Happy ending to report... The hospital billing rep met with her department director as promised to discuss my account. They agreed to purchase my account back from the collection agency, reduce my balance by 50%, notify each of the credit bureaus of their "error", and finally provide me with a letter stating that the account has been paid in full!

A quick word of advice to anyone in the midst of settling a claim- review everything yourself carefully! Don't be afraid to ask questions and double check things (i.e. outstanding account balances). If something doesn't sound/ look right, it probably isn't! Thanks to all who responded. I appreciate the time and attention you so generously devoted to my crisis!

[ScottGem]

Glad to hear you had a happy ending.