The lawyer speaks

A few days ago, I got a short, concise letter from the hospital's attorney. In a nutshell, it said that they are in the right, but are willing to drop another couple grand off what they are asking in order to speed it up. They are also tired of arguing legal points with me, and suggest again that I seek an attorney.

Why, I ask myself, would someone who is in the right continue to reduce what they are willing to accept. And why are they so fired up for me to get an attorney??

I think they want me to get an attorney because right now, this isn't costing me a dime. I can trade letters and have meetings with them without it costing me any more than my time. On the other hand, they have to cover the cost of an attorney.

I also discovered that these types of proceedings are usually paid like a collection, the attorneys don't get an hourly rate, they get a commission for funds they collect. My research suggests it is anywhere between 20 and 50%. So, if all they get is what I owe the hospital directly, and no additional funds, all of their time will have been spent for nothing. They won't get paid for it, and the hospital will have nothing to show for it.

I think they also know that they have no case. Or at least not one worth the cost of fighting. Assuming right now that they only get 20%, that means if I agreed today they would only be getting 20% of $10,000, or about $2,000. And the hospital would only get an additional $6,000 ($10,000 - $2,000 commision - the $2,100 outstanding on my deductible.) Hardly worth the effort.

But the effort is worth it to me. What they are doing is inexcusable. They are attempting to take money out of my pocket for no reason other than 'because we can'. They received fair payment from my medical insurance and were not damaged by the crash. I am the most dangerous court case out there ... someone with a cause. It matters little to me if we go to court and every dime is sucked up by legal fees, at least the hospital won't get anything either.

Unfortunately, my only option left is to file a court claim. There are a couple of choices. One is to file a lien dispute contesting the validity of the lien. This will force them to show up in court and prove that their lien is still valid. My claim has been that it was valid at first, but now that the insurance has paid, it is only valid for the amount I owe due to deductibles and co-pays.

The other option is to file a civil claim forcing them into arbitration. This is a bit risky, since an arbitrator could agree with them. But it's pretty cheap and quick.

Another option is to file a civil complaint suggesting that they are using illegal attempts to collect an invalid debt (i.e. coercion and stall tactics).

I'm researching all of these options now. If anyone has any suggestions, feel free to post a comment.