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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.
A: Bad faith lawsuits are filed by an insured policyholder, not a 3rd party (unless that 3rd party has obtained a judgement against that policyholder and received an assignment of rights).
It sounds like you're saying that you're a "3rd party" that got hit by their insured, and are in the pre-litigation phase. In that case if you really wanted to file a lawsuit, you'd be filing a regular lawsuit within the applicable statute of limitations against the at-fault driver for your damages incurred (including property damage).
If your complaint is that they just aren't returning phone calls, and assuming there is still plenty of time prior to the expiration of the
statute of limitations, then the better avenue would probably be to just file a department of insurance complaint.
Either way, contact an attorney to discuss your specific case details and make sure that you have everything sorted out appropriately. ... Read More
A: Releasing your liability limits does nothing other than inform the other party how much coverage you have. They have a right to demand that information in a lawsuit, but pre-litigation, you must provide your insurance with consent to release the limits.
CA courts previously stated in Boicourt vs. Amex Assurance Co. (2000) 78 Cal.App.4th 1390, that it is in the interest of the policy holder to release the information because it will help Plaintiff's facilitate settlements without dragging policyholders into lawsuits. ""Knowledge of low policy limits" could benefit defendants (that is policyholders) because that knowledge would tend "to discourage a seriously injured
plaintiff from holding out for a settlement commensurate with the extent of the injuries." Boicourt at 1394. ... Read More
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. ... Read More