Personal Injury, Insurance Claims, Asbestos & Mesothelioma ...
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The Law Offices of Justin R. Heim is located in the historic Old Seal Beach City Hall building from where it serves personal injury clients involved in car accidents throughout Long Beach, Seal Beach, and Huntington Beach.
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
Asbestos & Mesothelioma
Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
A: I respectfully agree with the other attorney answers posted here, I think it is time that you consult with an attorney.
Medi-Cal is notorious for underpaying health care providers for services rendered. Thus, if you have Medi-Cal as posted in the topic, and they paid that much for your care, then I presume you've had quite a bit of medical care.
First of all, it seems like you and the adjuster are talking past each other about the dollar figure for your bills which you are citing. I cannot tell if you are looking at the amount billed or the amount paid. It sounds like the adjuster is talking about the remaining balance.
Medical bills and what has actually been paid matters a great deal in personal injury claims. You should discuss the bills with an attorney to figure out what you can recover. Generally, in California, you are entitled to recover the lesser of the reasonable amount for necessary services or that which is actually paid.
Of course, Medi-Cal will want their money back and will come calling if they think there is a third party payor such as an insurance company. Insurance companies don't want Medi-Cal coming after them later and will try and pressure you into providing them the Medi-Cal lien information if they don't already have it.
Talk to an attorney and figure out the best way to handle this. Otherwise, it sounds like this adjuster is going to try and attack your credibility as a means of devaluing your claim, a typical insurance tactic.
A: There are too many nuances to this question for you to rely on the answers posted here solely. You need to consult with an attorney.
I am going to paraphrase your question to make sure we're addressing the same thing. 'I was injured in a car accident, should I see a doctor.' The answer as others have posted is unequivocal, if you are injured and need medical assistance, then seek it out. Too often, personal injury victims overthink this process. You should do precisely what you would do in the event you were injured in any normal life circumstance. You should not treat your need for medical care any differently simply because there is the potential for a personal injury lawsuit or car accident insurance claim.
The next question I would pose to you if you were my prospective client is, was the truck a regular passenger truck or a commercial truck? Most car insurance policies in California require actual "contact" between the vehicle and the injured party for coverage to be available. Without insurance coverage, any recovery you make for personal injuries is likely to be directly from the party who caused your injuries. If it's an individual, depending on the financial health, this may or may not be an issue, and if it's a commercial truck, then it's probably less of a problem.
In short, if you need medical care, then get it. Worst case scenario this is why you have health insurance.
A: As the other attorneys have indicated, I believe more information would help answer your question. You should consult with an attorney beyond this thread to make sure that you do not jeopardize your claim.
If an uninsured motorist has struck you, you generally do not "release" them. If an "underinsured motorist" (someone with less liability insurance than the damages in your case) struck you, then there very likely could be a release signed. Therefore it is crucial to address this distinction before proceeding any further. Was the driver who hit you uninsured, or were they underinsured?
If the driver was uninsured, you would likely need to take the necessary steps to "prove" to YOUR insurance carrier that THEY did not have insurance. The best way to do this is to gather a copy of the police report otherwise known as a traffic collision report. You will also want to make sure that you file a DMV SR-1 form within that first year of the collision and also file a DMV SR-19. The SR19 will be sent back to you confirming whether or not the other driver has any liability insurance on file. Once you have done all this your own auto insurance will likely accept the claim under your uninsured motorist benefits. Presuming that upon the completion of this process you settle the claim with your insurance carrier, the release signed will be a release as to your insurance carrier, not the other driver. Your insurance then may pursue the other driver for the money they paid out to you.
This all unfolds a little differently in an underinsured motorist claim. I highly recommend that you contact a car accident attorney near you to ensure you protect your rights and don't create any coverage issues.
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