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?
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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 6 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.
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