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Medpay splitting question

Discussion in 'Auto Accidents, Injuries' started by Leshik, Sep 18, 2020.

  1. Leshik

    Leshik Law Topic Starter New Member

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    Jurisdiction:
    California
    I am dealing with a medpay drama situation now in Los Angeles.

    The Chiropractor promised me 1/3 of my medpay of 25k. My attorney took 10k from this for himself. Giving me and the doctor 10k. The doctor wants 10,000 and now tells me the medpay does not belong to me. Tense situation.

    All meanwhile I have a 3mm and 5mm back hernia, and ended up being homeless and living in a car for which I owe 15,000 now in late payments.

    The actual case with at fault party insurance is ongoing, they offered 250$ :) to my attorney, from a tbone parking lot accident that resulted in my driver's side door bring replaced.

    Now I understand I get nothing, both doctor and attorney looks like made a deal or something fishy is going on.

    The Chiropractor was giving me little money when I became homeless 10-20$ So I keep going with treatment. Also bought all my personal items for cheap. I almost died of hunger, while waiting for Covid pandemic funds. But the agreement was split 20-25k 3 ways, roughly about 8k each.

    Now I understand that I was lied too all along so they can dig out the medpay from my insurance. Because patients are not entitled to it.
    Don't know what to do, but this is crazy what I deal with. The doctor does not pick up the phone, accuses me of harrasing him :) etc.

    The at fault party insurance company that tboned my vehicle last November offered 250$ compensation. Even though my driver's door was replaced..

    Any advice is appreciated as to what should I do?
    I feel like I have experienced a modern day slavery version. My insurance Geiko had also done nothing about this. Nor did I tell them because I was told if I will since the opposite side insurance adjuster sees it as a low speed collision, I would get maybe 2,000 max.

    Looks like I was ripped off and taken advantage of, simply put. My attorney took 10,000 from medpay. And I can't even get 5000 off them to pay for apartment after six months living in the car induring all this. No Justice, or respect for human life how I feel.

    But then again , maybe all this is legal for them to do.

    What do you folks think?
     
  2. army judge

    army judge Super Moderator

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    If I were you, I'd count on getting nothing.

    I'd get busy making a way for myself.
     
  3. Leshik

    Leshik Law Topic Starter New Member

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    So you mean an auto repair shop got 15,000 for the door. And doctor and attorney split 25,000 med pay and there is nothing I can do?
    Is this normal?

    I have talked with several people about this. And it seems to be the case these days. Attorneys and doctors and car repair people dig out what they can without stressing an insurance companies for themselves and leave people hurt under the sun. Why buy an auto insurance then? When in the end the tax payer money provides at least food.

    All this is unbelievable to me, but never the less thanks for the honest answer.
     
  4. army judge

    army judge Super Moderator

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    If these rascals scammed you, be wary if there is ever a next time.

    As Smokey Robinson & The Miracles often sang, "Better shop around".

     
  5. Leshik

    Leshik Law Topic Starter New Member

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    Well. My attorney proposed to write a cashier's check for me and the doctor for 10,000 and I go and settle up with the doctor. The doctor has blocked himself from my phone and messaged me that an attorney should give me 5000 instead since he kept 15,000 for himself.

    If these people have scammed me and split money behind my back and are playing me, I am interested in knowing my options. Because if this is ok and legal to do, they obviously will continue

    Because most people do nothing about this, people like this prosper on someone's blood, sweat and tears.
     
  6. army judge

    army judge Super Moderator

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    You can visit the local DA, make an appointment, tell your story, bring your proof, and see if the DA will pursue a case against the scammers.

    You might bring a case against the attorney, but the agency that disciplines attorneys in your state often does little to punish the perpetrator, and little to help the victim.

    You can see if an attorney will help you, or a law school MIGHT assist you.

    Of course, there is always the media and investigative journalism via local television stations, radio stations, newspapers, or even the national media.

    You just have to kick over every rock, look under every bush, and see who might assist you.

    If you were scammed, I'd avoid discussing any of this with them, its obvious they care nothing about anything but scamming every dollar they can from their victims.
     
  7. Leshik

    Leshik Law Topic Starter New Member

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    Contacting the media probably is my best option. So far I am unable to get the legal help with this I need.
    I think the way this scam works is "doctor/s" dig out med pay from people that are not aware as I was how this works. They know they have 2 years to spin the funds or use them before settling the case. If they get nothing from the at fault party insurance for the client they get to keep the med pay, and maybe pay a little then to the client.
    I am being told of the record by folks that were played by the like attorneys this way and their doctors that these funds are likely being used or invested by them from anything to real estate flips, hard money short term loans, to weed business investments. The chiropractor that "treated me" said he works with 20 attorneys. That is a MOB. If things get heated with one client they just refund the funds to the insurance company and no harm is done.
     
  8. army judge

    army judge Super Moderator

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    The most notorious cases I know about have always involved DCs and flim flam attorneys.
     
  9. Disabled Vet

    Disabled Vet Active Member

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    Sounds like insurance scam to me... You were part of the scam then got scammed by the scammers. If i was you.... i would honestly be concerned that nothing is wrong with your back. That this scam doctor lied about your injuries.
     
  10. Leshik

    Leshik Law Topic Starter New Member

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    Injury was and still there. DC can't fake the MRI. I am aware that they got me dirty so I won't complain afterwards. But I had no idea till recently that medpay does not belong to patients. Originally DC offered me 1/3 of 25k, so I only go to him the rest is attorneys share, this way I get more money he said.
    The attorney - my attorney that the auto repair shop provided took 50% for himself of the 24,000. And wrote a 2 party cashier's check for 9700 in both DC and my name. DC became extremely mad that attorney took 50%, and sends me to him so he gives my share. All this is documented by me

    As with the case settlement from the at fault driver's insurance company. The adjuster from there first offered my attorney $250 then said there is room to negotiate. But I think my attorney and the doctor just split the 25k, and now tell me to take a hike. That is what DC did, I can't even come to his office because all of a sudden I harass him. :)

    My attorney tells me he is trying to resolve this, and that he did write a 2 party check that DC won't sign. I tell my council then just write 2 checks one for me and one for DC. To that he tells me he can't do because it is med pay.

    But as of now, the insurance checks (so I was told) are with my attorneys, and I should not worry. Whatever that means, ...
    These guys are definitely trash if they over 5k put their business in the line. Greed and nothing more. The DC bought himself a new 85k lexus.
    Lots of money is being passed around in the ghetto folks, and most people don't complain or don't even know they can. With me I ended up at this place do to economics and trust. For some reason I thought DC was my friend. But as soon as he send the last bill to Geiko my insurance company he decided to act like he doesnt' know me and is scared of me the big man that I am.
    Why won't other attorneys take this case I am not sure. Injuries are documented, the driver's door was replaced. The woman that hit me backing out did admit she confused gas and break pedal. Plus she had a previous drunk driving arrest. So logically there is a case without this med pay ordeal dealing.
     
  11. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Sounds like the other attorneys won't take it because it is settled.
     
  12. Leshik

    Leshik Law Topic Starter New Member

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    Settle the case Behind my back?

    I heard of this being done attorneys settle cases without informing the client.

    This current attorney tells me that he is going after full policy limits from at fault driver insurance company. But I don't trust him either now. First I never met this attorney face 2 face. Just phone conversations. And for some reason he won't meet me in person to discuss strategy.
    I also don't understand why he can't write me a separate check rather then a 2 party check?
    Should I make my insurance company aware of this?

    Because at this point I do feel like I deal with scammers.

    .
     
    Last edited: Oct 5, 2020
  13. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You would have had to sign something for your case to be settled and for there to have been any payouts.
     
  14. Leshik

    Leshik Law Topic Starter New Member

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    That I did not signed. I only have signed the retainer agreement with my attorney, almost a year ago.
    I spoke with him about an hour ago on the phone. And he assured me he is on my side. And wants to help. And blames the greedy chiropractor for wanting $9700. To which I replied that ok in that case split with me the 10k you took for yourself and have that sob doctor wait instead if me waiting.
    My attorney replied that best he can do is write a 2 cashier's party check, or deposit this cashier's check with the court and let the judge decide. But that will take months to get a hearing especially these days. :(
    Looks like I was scammed.
     

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