Auto Insurance Claims: Medical liens, medical liens

Question
Hello,
I was involved in an accident last August. Rear-ended by a drunk driver which in turn made me hit the vehicle in front of me as well.
I had moderate knee injury and trauma and went through the necessary treatment. Today, my attorney has submitted the claim to the at-fault insurance and they have offered what they say is their policy limit of 25k. Meanwhile, liens amount to $4,900 and my attorney did not negotiate to bring them down. (??)...I feel completely at a loss and this lawyer is pressuring me to accept the offer. How can I make sure that liens are negotiated and /or what other options do I have? do I need to sign a release when they are offering me their 25k limit? and on the other hand...cna I pay the liens myself, or does the attorney have control of that because I honestly feel they are keeping the kickback on the liens negotiation....
thanks for your help!

Answer
Monalisa,

  Liens are not negotiated unless there is cause.  What would be the reason for the negotiation?  Did the medical provider charge more than what is usual and customary?  You will likely be asked to sign a release, and if you don't, then likely will not be able to get the $25K without a lawsuit.  The insurance company will try and protect their driver by getting a release from you.  This can be a complicated area of the law as it can involve assignments and years of litigation in order to get all the money that you are due.  Your attorney knows all of this.  There are specific rules that govern hospital and medical provider liens.  If you signed an assignment of benefits or something of the sort (a very common practice), then that can play a factor.  For instance, State and County hospitals can recover directly from a third party carrier if they followed the proper process to put a lien on medical services charges.  They have a limited amount of time to file with the proper authority (county clerk) to invoke their medical lien.  

  Monalisa, don't get me wrong, outstanding medical bills are commonly negotiated down, but you should read up on the subject because it is a myth that the medical liens will always be negotiated down.  If that were the case, then the medical providers would be in trouble for systematic overcharging.  I would bet that the attorney is not keeping any money other than his contingent fee.  Don't be afraid to confront your attorney directly about this.  Ask them why they didn't negotiate the medical bills and see what their answer is.   

  I can only suggest that you demand that the payments be only in your name and the attorneys name, and if there is going to be any payment made to a medical provider, then I would request a copy of the lien and the statutory or common law reference that created the valid lien.

I hope this helps!