Q:

Dr. Margolies,
I have a question for you. I recently treated three patients in a car 
accident. They were hit by another vehicle. My patients didn't have 
car insurance at the time of the accident but the person who hit 
them did. My patients also have an attorney. When filing my claim do 
I need to go through my patients' attorney or can I just bill the at 
fault parties insurance to save the time of going through the 
attorney? Also I have not signed any papers with my patients 
attorney. If I need to go through the attorney do I need to send any 
papers to be signed to make sure that the money is secured 
for my bills? I have your book, but didn't find that information in it.

Thank you in advance,

A:

Thanks for the e-mail. Okay .. auto insurance varies state by state 
but the generic profile should work. Being in Atlanta .. this is what I 
would do.

First off .. if the patients hired an attorney as a matter of courtesy 
you should work with them. If the patient had "Medpay" (using their 
own auto coverage) I would file with them regardless of the 
attorney just send a copy of all claims to them. Since these folks 
have no Medpay and you are at the mercy (and that is a good word 
here) of a third party .. all bets are off. To protect yourself .. the 
attorney may act as a buffer. They hopefully will protect your bill 
and have enough left over for their 33 and a third % and for the 
patients pain and suffering. If the third party wishes to play games 
and your bills are high and the damage to the car was low .. there 
may be a problem. The settlement may be low even with an attorney 
and you are stuck with little and playing the compromise game with 
the attorney.

So .. here is what I would do. If their attorney has not contacted you 
with a letter stating they represent your patients I would call them 
and request something be sent to you in writing prior to anything 
leaving your office to them. 

Second .. I would have the patients (parents signing for children) 
sign a Drs. Lien (which may not be legal in your state but at least 
alerts the attorney of the patients awareness that the bill should be 
paid) and send it prior to anything leaving your office to them and 
await for the returned signed Lien from the attorney.

Third .. I would let the patients know that they are responsible for 
full payment regardless of settlement amount or little to no 
coverage

Fourth .. They should sign some statement to that effect .. if you 
have a fax number I can fax what I use .. just send it via a reply

Fifth .. If they have any health insurance I would file with them 
before a year if up to at least have some coverage

Sixth .. as per your question .. if they have an attorney .. you have 
documents from this attorney .. all claims go to them and you just 
wait .. sometimes for more than a year.

Seventh .. good luck

Have a Great Day

Dr. M