Lawsuits question 1-800-ASK-GARY's ties to law firm

Its commercials promise that 1-800-ASK-GARY will help find attorneys for "scared and confused" auto accident victims.

But, what do the lawyers who get referrals from 1-800-ASK-GARY give the hot line in return?

Two lawsuits in Kentucky may offer some clues. They raise questions about the relationship between Tampa-based personal injury firm Winters & Yonker and the Ask Gary hot line.

One of the issues is whether Winters & Yonker misled a Kentucky woman into believing she couldn't use her health insurance to pay for her accident injuries. Instead, the law firm allegedly directed her to tap her auto insurance policy and seek care from a clinic affiliated with 1-800-ASK-GARY.

The other issue surrounds how accident law firms compensate 1-800-ASK-GARY and whether that compensation is proper. The lawsuits may be playing out in Kentucky, but they're reverberating around Florida's personal injury law, chiropractic and accident treatment industries.

1-800-ASK-GARY is known for its ever-present commercials and its pitchwoman, Roz, who urges people, "Don't be scared and confused." It made a big splash when it signed on as the named sponsor of the Ford Amphitheatre, now the 1-800-ASK-GARY Amphitheatre.

Behind the scenes, though, is a large chain of accident clinics that started in Florida and has since expanded into Kentucky and Minnesota. In Florida and Minnesota, the clinic chain is known as Physicians Group, but in Kentucky is known as 1st Physician Rehabilitation. A Sarasota chiropractor named Gary Kompothecras controls both companies.

Lawsuits filed this year in circuit court in Louisville suggest an unusually tight relationship between the clinic company, its 1-800-ASK-GARY hot line and Winters & Yonker.

Kentuckian Sharon Langford was injured in a car crash near Louisville in summer 2008. She turned to Winters & Yonker, which has also expanded into Kentucky in recent years, for help.

Langford had a Humana health insurance policy and should've been able to choose from a wide range of doctors, chiropractors and other healthcare providers. But, someone from Winters & Yonker told her that "she could not access the benefits of her health insurance because her injuries had occurred as a consequence of an automobile accident," according to the lawsuit, filed in circuit court in Jefferson County, Ky.

Winters & Yonker advised her to be treated for her injuries by 1st Physician Rehabilitation, which would take her auto insurance. Eventually, Winters & Yonker sued the other motorist on Langford's behalf and settled the case for $200,000. Of that, Langford got about $63,000, the attorneys got $75,000 and 1st Physician Rehabilitation got about $64,000.

Her lawyer, Sam Carl of Louisville, says Langford lost out when Winters & Yonker gave her wrong information. Her treatment bills might've been lower if she had turned to her Humana health insurance policy, Carl said. That's because doctors usually have to accept lower payments from health insurance companies, while they can charge higher rates to auto insurers and people paying cash.

Langford never actually called 1-800-ASK-GARY to find a lawyer. Instead, she found the law firm herself. Still, Winters & Yonker should've revealed that it had a referral relationship with the hot line and its affiliated chain of clinics, Carl said.

Ronald Green, an attorney representing Winters & Yonker, declined to comment. However, he sent the Tribune a court document that said Winters & Yonker denies Langford's allegations and said the woman made her own decisions about where to seek medical care.

The second lawsuit facing Winters & Yonker also involves 1-800-ASK-GARY's clinic chain, but tackles a different issue: how attorney hot lines are compensated.

In March 2009, James Rose and his son, Christopher, were in an accident south of Louisville and called 1-800-ASK-GARY to ask about a potential lawsuit.

"Approximately two minutes after speaking with an operator at 1-800-ASK-GARY, Christopher Rose received a telephone call from a person who identified himself as an attorney, agent and/or employee of the defendants (Winters & Yonker)," their lawsuit says.

The law firm's representative asked the Roses to meet him at one of 1st Physician Rehabilitation's clinics several days later, and it was at the clinic that the Roses hired Winters & Younker's firm to represent them.

Both men eventually were treated for their injuries by 1st Physician Rehabilitation, the lawsuit says.

Carl, the lawyer who represents Langford against Winters & Yonker, also represents the Roses in their lawsuit. He said the law firm violated rules set by the Kentucky Supreme Court.

In that state, lawyers are not allowed to compensate referral services like 1-800-ASK-GARY with anything of value. But, Winters & Yonker violated that rule by directing their clients to get treated at 1st Physician Rehabilitation's clinics, Carl said.

Bill Winters, one of Winters & Yonkers' named partners, told the Tribune his firm refers some clients to clinics affiliated with 1-800-ASK-GARY. In Florida, the hot line's Physician Group LLC clinics offer a complete package of physicians, chiropractors and other healthcare professionals. Other companies only offer chiropractors.

"If a patient goes over there, they have all these specialties under one roof," Winters said.

Still, he said 1-800-ASK-GARY does not require that law firms like Winters & Yonker steer clients their way.

Greg Zitani, a Sarasota attorney who frequently represents Physicians Group, was not able to comment Friday. He directed the Tribune to the clinic chain's Kentucky attorney, who did not return a call.

In Florida, some personal injury lawyers, chiropractors, doctors and insurance officials are following what happens in the Bluegrass State.

Carl Hinson, a Tampa personal injury lawyer, recently gave a talk to other lawyers and doctors and mentioned the case's impact. In Florida, people's personal injury protection - or no-fault - insurance usually covers the first $10,000 of medical treatment. But, healthcare insurance can kick in after that.

Attorneys need to make that clear to clients up front, he said. Otherwise, accident victims who don't tap their health insurance could wind up paying way too much to get better, he said.

"I ask every client as they come in, do they have health insurance?" Hinson said.