I speak with potential clients who were injured in car accidents by the fault of another driver, and sometimes those drivers are uninsured. Some people are reluctant to make a claim with their own insurance as they mistakenly believe their premiums will increase if they make a claim for their injuries and damages. But that’s […]
Do I have to reimburse a Capitated HMO after settling a car accident claim in California?
Many health insurance policies contain subrogation clauses. This means a person’s health insurance company can recover any money that it paid to the plaintiff or their medical providers from the person that caused the plaintiff’s injury (usually the defendant’s insurance company). Capitated plans are unusual because the capitated amount is a set fee paid by […]
Social Media and Your Personal Injury Claim
While going through the claims process for compensation after a personal injury, you should be careful in your use of social media (e.g. Facebook, Twitter, Instagram and even text messages ). Your posts could be shared in the courtroom to damage your case. Frequently, after an injury, people post on social media that they are […]
My car was repaired after an accident but is now worth less. What can I do?
California allows claims for diminution or diminished value. That means the owner of a vehicle might be entitled to recover the diminished value of your vehicle after an auto accident that wasn’t your fault. (A repaired vehicle is usually worth less than a vehicle that was never in an accident.) The statute of limitation on […]
After a car accident, the insurance adjuster wants to take my recorded statement. Should I do this?
After a collision, you may be contacted by an insurance adjuster who represents the other driver. They will often ask you about your injuries and want you to sign an authorization so they can get your medical records and ask you to give a recorded statement. People often assume that they have to do this. […]
I was in a car accident and have health insurance. What medical bills does the at fault driver have to pay?
When people call to discuss an auto case, one of the big questions is what are they entitled to receive from the other driver’s insurance. This post (limited to California law) looks at one of those elements: medical bills. Let’s assume you were rear-ended at a stoplight by a driver who was texting. You receive […]