If you’re the victim in an auto accident, is it legal for an attorney to ask you to pay for any related surgeries with your own health insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you’re the victim in an auto accident, is it legal for an attorney to ask you to pay for any related surgeries with your own health insurance?

I was struck on my drivers sides last year by a young man who ran a stop sign and nearly killed me. He was in a 5500lb vehicle and moved me from my lane to where I was perpendicular to oncoming traffic and knocked his vehicle about 20-30 feet behind me. My car was totaled.

Asked on May 7, 2017 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is perhaps not "right" in the sense of moral or fair, but it is legal: the other side and their attorney can offer--or refuse to offer--anything they want. There is no obligation on them to pay until and unless you sue in court and win, getting a judgment requiring payment. You, on the other hand, have the legal right to tell that is no acceptable and to sue (or if you have already filed suit, to continue with the case and go to trial for the full amount, including medical, you believe you are owed), rather than accept what they are offering.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption