What is Health Insurance Subrogation?

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Have you been involved in a car crash that wasn’t your fault? If you sustained injuries, it is likely that you were treated at an emergency room or medical facility. Did you notice that the doctors and/or insurance wanted the at-fault party’s information? Your health insurance company may have the right to recover some or all of the medical expenses they paid on your behalf. This process is known as subrogation.

Subrogation allows your health insurance company to recover the medical expenses they paid on your behalf from any settlement or judgment you receive from a third party, such as the at-fault driver or their insurance company. This is done to prevent the insured person from receiving a windfall and being paid twice for the same expenses – once by their health insurance company and again by the third party responsible for the accident.

The process of subrogation can be complicated and is often a source of confusion for those involved in car accident cases. If you have health insurance and are involved in a car accident, it is important to understand your insurance policy and the potential for subrogation.

While it may seem frustrating that your health insurance company wants a portion of your settlement, it is important to remember that the insurer may have a legal right to recover its payments from any settlement or judgment obtained by the insured person; the terms of subrogation are usually outlined in the health insurance policy contract which you signed.

Further, the policy language may require you to notify the insurance company of any potential settlement or judgment you receive from a third party. Failure to notify the insurance company may result in a breach of your insurance policy, which could lead to the insurance company denying further coverage.

It is important to note that the amount of subrogation can vary depending on the specific circumstances of your case. In some instances, the insured person may be able to negotiate with their health insurance company to reduce the amount of subrogation or reach a compromise especially when the settlement received is a lesser amount than what the health insurance company paid out in medical benefits. It is important to consult with a qualified attorney to determine the best course of action for your specific situation.

 Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

The Benefits of Hiring a San Diego Car Accident Attorney: Get the Compensation You Deserve!

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Picture this: It’s a sunny day in San Diego, California, and you’re driving down the highway with the ocean breeze in your hair. Suddenly, out of nowhere, you’re involved in a car accident that leaves you with injuries, a damaged vehicle, and mounting expenses. What do you do next? You turn to the expert car accident lawyers in San Diego to fight for your rights and secure the compensation you deserve. Here are some of the benefits of hiring a car accident attorney:

  1. Knowledge and experience: A car accident attorney has the knowledge and experience necessary to handle your case effectively. They understand the legal system, know how to negotiate with insurance companies, and can provide guidance on the best course of action for your specific situation.
  2. Maximize your compensation: A car accident attorney can help you obtain the maximum compensation for your injuries, medical expenses, lost wages, and other damages. Hiring an attorney alone can increase a settlement offer by 26 times.
  3. Access to resources: A car accident attorney has access to resources that you may not have on your own, such as accident reconstruction experts, medical professionals, and investigators.
  4. Reduce stress: Dealing with a car accident can be a stressful experience. A car accident attorney can help relieve some of that stress by handling the legal aspects of your case and keeping you informed of your options.

When choosing a car accident attorney, here are some important factors to consider:

  1. Experience: Look for a local San Diego attorney who has experience handling car accident cases similar to yours, and a proven track record of success.
  2. Reputation: Check online reviews for local attorneys and ask for referrals from family and friends.
  3. Communication: Choose an attorney who is responsive and communicates well with you throughout the process. You should be able to speak with your attorney directly, not only their support staff.
  4. Fees: Find out how the attorney charges for their services, whether it is on a contingency basis (where they only get paid if you win your case) or hourly.
  5. Comfort level: You should feel comfortable working with your attorney and confident in their ability to handle your case effectively.

Getting into a car accident in San Diego, CA, can be a traumatic and overwhelming experience. By enlisting the help of a skilled car accident lawyer, you can focus on healing while they work tirelessly to secure the compensation you deserve. Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Injury from a Dog Bite in San Diego?

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San Diego County receives over 2,500 reports of Dog Bites every year. Unfortunately, many of these bite victims sustain serious injuries, and occur most often to children. California has specific laws in place to protect people that have been injured by a dog. Our attorneys at Ray Padilla Law APC explain the process of reporting a dog bite and the potential injury claim.

 

What Do I Do?

If you or a loved one have suffered from a dog attack in San Diego, immediately seek medical attention if you are injured, then call San Diego Animal Services at (619) 236-2341 to report the incident.

When you report the incident, provide as much information as possible, including owner and dog information, any witnesses, video footage, and a detailed location. Ensure that you take down the unique report number that they create for the incident and obtain any medical records from treatment.

 

California Law

Under California law, dog owners are strictly liable for damages if their dog bites someone in public, or lawfully in a private place, per Civil Code 3342. This means that the injured party does not need to prove negligence of the dog owner, the owner automatically assumes liability for the dog by law.

 

Dog Bite Injury Claim

Dog bite victims that have sustained injuries may be entitled to compensation. This could include economic damages for past and future medical costs as well as compensation for pain and suffering. Compensation in dog bite claims typically comes from the insurance company of the dog owner, such as a homeowner’s or renter’s policy, though there may be other avenues as well.

 

Are you a victim of a dog bite? Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Car Damage Caused by Potholes?

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California has experienced record-breaking rainfall in the new year, which has left San Diego roads damaged and riddled with dangerous potholes. In just the past 9 days, the city has received more than 1,100 reports of potholes. Although all drivers strive to stay diligent on the road, while driving in the dark or heavy traffic conditions, potholes are hard to see, and running over them can often be inevitable.

Report San Diego potholes here!

What About My Car?

If your car was damaged a result of the pothole, your own auto insurance can be the best and quickest option to ensure your vehicle can be fixed and back on the road as quickly as possible, assuming you carry the necessary coverage. Pothole damage may be covered under comprehensive and/or collision coverage under your insurance.  It is important to note that a deductible may apply and depending on the damage and cost to repair the damage, so going through your insurance and paying a deductible may not be appropriate depending on the amount of your deductible.

If you don’t carry the proper coverage, unfortunately you will have to front the costs of damages and have the option to then make a claim against the city for reimbursement (if the pothole was on City of San Diego property). Claims against the city for property damage must be filed within 6 months from the date of the incident and completed in accordance with California Government Code sections 900-915.4. However, filing a claim does not automatically mean reimbursement.

A few years ago, a decades long study revealed that an average of 1 out of 4 pothole claims are denied by the City, and those that are, typically do not receive full reimbursement. This is why carrying the proper insurance coverages is extremely important, even if vehicle damages are not your fault, you may get stuck with the bill.

Click here to learn more about what your California insurance coverages mean and their importance.

 

If you or someone you know has been injured in a crash we are ready to help. Contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

The information contained on this page is for informational purposes only and is not to be considered a substitute for advice from a qualified attorney. If you require legal assistance, we highly recommend you speak to a qualified attorney.

Car Accident Lawyer

Be Extra Cautious During Holidays!

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While alcohol-impaired driving is always a major concern in motor vehicle crashes, there are certain times of the year when the problem is more prevalent: during the holidays.

 

According to the National Highway Traffic Safety Administration, Fatal crash data spanning over 30 years have revealed consistently that Thanksgiving week, and the time period between Christmas to New Year’s Day see that largest amount of motor vehicle crash fatalities. Thus, making the holiday season a reason to be extra alert and vigilant while on the road. 

 

As many people travel to see and spend time with their loved ones, more bodies and vehicles are on the road than usual. During this time, many holiday festivities also include and celebrate with the consumption of alcohol. Unfortunately, these all too often go hand in hand, and many of the fatal crashes seen are related to driving under alcohol intoxication.

 

The NHTSA data reveals that “about 40 percent of all fatalities during the Christmas and New Year holiday periods have occurred in crashes where at least one of the involved drivers was alcohol-impaired as compared to about 28 percent of all fatalities during the rest of December.” With more people consuming alcohol, there inevitably are more drivers that have consumed alcohol as well. 

 

Our lawyers at Ray Padilla Law APC wish you and your loved ones a very happy and more importantly safe holiday season. 

 

Have questions about a car crash that occurred over the holidays? Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

New Medi-Cal Asset Limits’ Effect on Injury Claims

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Beginning July 1, 2022, a new law in California increased the asset limit for Medi-Cal programs. The increased asset limits allow qualified beneficiaries to retain a larger amount of non-exempt assets and still be eligible for Medi-Cal.

 

The increase raised the asset limit for individuals from $2,000 to $130,000. The threshold increases an additional $65,000 per family member living in the household. These assets don’t include necessary things such as a primary house, primary vehicle, retirement funds, or tools for work.

 

The increase in asset limits marks a monumental adjustment for beneficiaries. This is especially pertinent to beneficiaries involved in an injury claim. The previous asset limit of only $2,000, hindered people’s ability pursue personal injury claims for compensation out of fear that their much-needed healthcare benefits would be taken away.

 

Fortunately, beneficiaries no longer have to make a tough decision and be put at risk of losing benefits when obtaining a personal injury settlement within the threshold. Now, California beneficiaries can hold up to $130,000 in assets and maintain Medi-Cal eligibility.

 

Are you a Medi-Cal recipient and have been in injured in a car crash? Let us discuss your legal options in a free consultation. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

The Effect of Social Media on Injury Settlements

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For many, posting on social media is a part of their daily lives; from updating a status on Facebook, participating in a new trend on TikTok, or Tweeting and posting a ‘Happy Birthday’ photo on Instagram. However, if you were injured in a car crash that was not your fault, engaging in these social media posts can significantly harm your claim for compensation.

 

Why?

Whatever you do, write, post, and are tagged in by others, in the past or present, may be obtained by a defense attorney or insurance company to be used against you – even if you have a private account. This applies to all social media sites – such as Facebook, Instagram, Twitter, TikTok, Twitch, Snapchat, WhatsApp, etc.

What may seem as simple as posting a smiling photo with family, can end up being extremely problematic. For example, if the location of the photo is at a roller rink,  an adjuster or the defense counsel will see the photo of a smiling face at the rink, assume that you roller skated and very well may determine that you not as hurt as you claim to be. Even if you just went for your daughter’s birthday, and did not participate in roller skating, that is not the story that the photo tells.

This has become standard practice for a defendant and their attorneys to run a background search and investigation to recover all of your social media accounts and obtain as much information about your personal life as they can to help defeat your case.

 

What Can You Do?

Ideally, temporarily close or log out of all accounts for the duration of your case, even if the account is on ‘private.’ That being said, do not delete anything from your accounts as they stand, for it could be viewed as an attempt to hide evidence. If refraining from social media is not realistic for you, ask a skilled attorney for guidance and obtain further information.

 

Call Today For a Free Consultation

Let us discuss your legal options in a free consultation. If you have been injured in a crash that wasn’t your fault and are concerned about social media, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

 

What is a Minor’s Compromise?

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Children unfortunately get injured in car crashes too. If a personal injury claim involving a minor child under the age of 18 reaches a settlement, that minor cannot lawfully sign off on a settlement agreement on their own. While in some cases the parent/guardian of the minor can sign off on settlement, when it comes to bigger funds, the interest of the minor must be put first. Due to this, the State of California has procedures in place to protect minors and personal injury settlements they may receive.

 

Settlements Under $5,000

 

In cases where the total settlement is below $5,000, California Probate Code Sections 3611(d), and 3401 have routinely allowed custodial parents to manage the settlement funds directly on behalf of their minor children, not requiring the filing for court approval.  Typically, all the major insurance carriers in California routinely waive the Minors’ Compromise and hearing when the settlement amount to the injured child is below $5,000.00 as well. This is because California law permits Judges to order the funds to be paid directly to custodial parents if the total settlement is $5,000.00 or less.

 

If the total settlement for the minor exceeds $5,000.00, then a Minor’s Compromise and a subsequent hearing must commence.

 

The Process

 

If the minor’s case settles before a lawsuit is filed, then a case must first be initiated with the court. Once the case is opened with the court, a Guardian Ad Litem for the minor must be appointed and approved. This individual can be the minor’s parent, if they are not also involved in the claim, or any adult in proximity to the minor.

 

A Petition for Approval of the Compromise, along with a proposed Order Approving the Compromise must be prepared, as well as Banking documents to Order Funds to be Deposited in a Blocked Account must be completed in their entirety. There are additional forms, account types, and attachments that the above require as well depending on the case. Once filed with the court, a hearing is assigned.

 

At the hearing, the Judge will hear from the minor, their guardian ad litem, and their attorney. If the proper paperwork is in order, evidencing that the settlement is fair, then the Judge can approve the compromise, and will typically order the funds to be deposited into a blocked account.

 

Why?

 

Opening the blocked account gives assurance to the court that the funds will be used solely to benefit the minor.

 

Unless there is a special circumstance in which the funds are immediately needed to pay for the minor’s ongoing medical care or other necessities like food and shelter, the funds will be ordered into a blocked, interest-bearing account or annuity. No person, not even the minor, the minor’s parent/guardian, or the minor’s court-appointed guardian, will have access to the funds, except for the minor on or after their 18th birthday.

 

Call Today for a Free Consultation

 

Have you or your minor child been in injured in a car crash? Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

How Does Lost Income Affect Personal Injury Cases?

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How Does Lost Income Affect Personal Injury Cases?

 

When you’re involved in a car crash that results in injuries, the first thing on your mind should be your own health and safety. Unfortunately, for many, their first thought is how much work they might miss, and how that lost income will impact them and their family’s lives.

 

At Ray Padilla Law, we know how difficult it may be to take time off work, even if it is for much needed medical treatment. If you are unable to work for any length of time due to injuries sustained from a car crash that wasn’t your fault, you may have a personal injury and lost wages claim. Our attorneys at Ray Padilla Law explain how lost income is valued in a personal injury claim.

 

Lost Income in an Injury Case

 

Under California law, Plaintiffs may claim lost wages in addition to pain and suffering damages from their injuries. Lost income or lost wages refers to the money that you would have made through your current employer from the date of the crash, until you are able to return to work at your full prior capacity. This time can include any work missed for medical appointments or leaves of absence as designated by a medical professional if you are unable to physically work for a period of time. Lost wages may also include financial benefits that your injuries disable you from obtaining, such as commissions or bonuses.

 

In some cases, with severe injuries and extensive treatment, a short medical leave is not enough. This is when the addition of the loss of future wages, or loss of earning capacity can come into play.

 

What is Lost Earning Capacity?

 

Loss of future wages and earning capacity refers to the future income that you would have otherwise earned if it was not for the accident. Lost earning capacity is an estimate made to encapsulate the future potential earnings that you will no longer have the capability to earn due to your injuries.

 

Lost earning capacity can be much harder to prove, since it is an estimate made to assist in asserting your claim for compensation. Many factors can tie into calculating the loss of future earnings, including whether you will require long-term care, surgery in the future, or if you can no longer perform your job to its full extent.

 

How Is Lost Income Calculated?

 

Lost income is calculated per hours/days of missed work; including all wages, tips, bonuses, commission, and overtime. If you saved up vacation time or sick days and used them while on injured leave, you may also be able to claim them as lost wages. In order to prove lost wages, government documents such as pay stubs, income tax returns, or billing statements can serve as proof. The easiest way is to obtain a letter from your employer including the following:

  • Your role/Job title
  • Standard rate of pay
    • Hourly rate
    • Overtime rate
    • Salary, if applicable
  • Normal or average hours per week
  • Average overtime hours/tips/commission
  • Amount of work missed due to injury
    • Any & all missed time, such as half days for appointments

 

No matter what, a lost wages claim in addition to a personal injury claim are complex to calculate and prove. If you have been involved in a car crash and have lost income because of it, you may want the help of an experienced car crash attorney.

 

Call Today for a Free Consultation

 

Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

Please feel free to explore the many other articles on this website to learn more.

I was in a Car Crash Caused by a Minor, What Can I Do?

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Adults are not the only ones who make mistakes that injure others. In fact, teenage drivers are responsible for an outsized share of motor vehicle accidents. Unfortunately, their inexperience with the road, combined with poor judgement often leads to dangerous crashes that affect and injure third parties. In these cases, because drivers under the age of 19 are not legal adults, pursuing a personal injury claim can be different from one involving another adult. Our attorneys at Ray Padilla Law, APC explain the complexities of personal injury claims involving minor drivers.

 

High Risk Drivers

 

Even the most careful of teen drivers are at higher risk of being involved in a car crash, simply because they lack substantial experience behind the wheel. Data from the CDC reveals that drivers under the age of 20 are nearly three times as likely to be involved in a fatal car crash, with over 20% of 16-year-olds causing car crashes in their first year of driving alone.

 

Studies show that in general, teen drivers are more likely to engage in dangerous driving activities while behind the wheel. The most common including using a cellphone or other electronic device, driving recklessly, driving distracted by other teen passengers, or driving while under the influence of drugs/alcohol.

 

California Responsibility Laws

 

The state of California, car insurance companies, and parents are aware that teenage drivers are at a higher risk of causing car crash. Thus, there are laws and policies in place to ensure that in the case of a crash caused by a minor, the injured party has an avenue to make a claim and recover damages.

 

In California, when a minor teen driver is the at-fault party of an accident, not only is the teen held liable, but their parent/guardian as well. California vehicle code 17707  makes parents/guardians and their children joint and severally liable for the injuries and damages caused by a minor in a car crash. This allows the injured party to make a claim against the teen, their parents, or both. Due to these strict responsibility laws, parents/guardians oftentimes add their teenage driver to their existing car insurance policy to prevent personal exposure.

 

Although this avenue for personal responsibility is available, in most cases, Personal Injury Attorneys resort to investigating whether the teen was covered by valid car insurance at the time of the crash first. In California, the insurance coverage follows the vehicle, not the driver. Therefore, even when a teen driver is not named on a car insurance policy, if permission was given by the vehicle owner for the individual to drive, the policy coverage will extend to them. This extension of coverage applies across the board, . In this case, a claim can be made against the car insurance for the vehicle driven at the time of the crash and would proceed as normal.

 

Call Today for a Free Consultation

 

If you have been involved in a car crash with an at-fault teen driver, you may want the help of an experienced car crash attorney. Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

Please feel free to explore the many other articles on this website to learn more.