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Richard D Carter

Richard Carter’s Answers

18 total


  • My vin doesnt match make of the car

    i bought a lexus gs300 a year ago. I recently got new insurance and when they put the vin in it said es300. Which is a much cheaper make. I totalled the car. Because the vin said es the insurance company couldnt change it. So i did not get at all ...

    Richard’s Answer

    You should check with a Lexus dealer to confirm that the VIN really is for a different model. If it is you could be driving a stolen car or a totaled car that was rebuilt. If that is the case the seller is liable for your damages for his fraud. You should consult with a lawyer if that is the case. However if it was insurance company mistake you should check to see what is difference in car values. Once again if that is the case you should contact an attorney to help you

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  • Need medical insurance advice. Do i have a case?

    Had 14 years with Great West/Cigna, it was switched 4/1 with no details as to what was covered or not, we only had 2 weeks to enrole. Daughter was in the middle of being treated for Bariatric surgery, had 2 more appts before surgery, found out on ...

    Richard’s Answer

    If you are in private employment, this is probably covered by federal ERISA law. Genrally your rights and obligations are contained within your Policy or Plan. You need to review the Plan and see if it covers Bariatric Surgery. Many Plans have a specific carve out or exclusion for this surgery. If so, we have had luck in the past with electing COBRA coverage for a short while until surgery is completed. COBRA generally will not cover you if you have comparable coverage but since your Daughter may not get coverage for her coming and approved surgery it is not "comparable coverage." You will probably end up paying out of pocket for the COBRA but that is cheaper than surgery DO NOT cancel your new insurance. You should consult with a lawyer in your area who does ERISA work

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  • Is it illegal for a employer to not provide you with health benefits cards all though it's being taken from your pay bi weekly?

    Ive been working for a company for over several months and i was told upon hire that i would receive my medical benifits in 90 days. Although they are taking money out of my check, i have not received my benefit cards! Every time i ask my supervis...

    Richard’s Answer

    The short answer is yes. It could be that the insurer is simply slow in getting your cards to the Employer but if you speak with the insurer or go online and that confirms that you have no insurance it is a breach of fiduciary duty not to provide insurance that you are paying for. Because your employer has promised insurance and is deducting money from your pay the employer is on the hook for any unpaid bills. Talk to your employer and tell them that you know they are supposed to be covering you. It is also likely a violation of your states wage law if they are taking your money for nothing. It is also conversion-a form of theft.

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  • My insurance company is refusing to pay out a claim stating the policy was cancelled even though premiums were still being taken

    I have Short Term Disablility through my employer, premiums have never stopped being taken from my paycheck. The insurance company is claiming the policy was cancelled because of non payment of premium. My employer and the company used to provide ...

    Richard’s Answer

    As long as you have been paying in a timely Fashion you still have insurance although the employer may be the unintentional insurer. You should make a request to get the Plan materials from your employer AND the insurer and specifically ask for additional materials regarding any cancellation. It may be that the employer did not pay the insurer. If that is the case ERISA would probably require the employer to pay what the insurer should have

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  • I need help to get My husband New York Life Insurance policy money

    My husband passed away last month. I am his 2nd wife. I check his New York Life Insurance policy, he change his address from New Jersey to San Jose, ca but he didn't change his beneficiary. I married him 15 yrs. I have marriage cert, how do I get ...

    Richard’s Answer

    If the Life Insurance was through his employment then a law called ERISA controls who gets the money and the answer is almost certainly the person listed as the beneficiary. If it is not ERISA then the answer could be different. You need to check with Counsel because the appeal date on an ERISA Life Plan is only 60 days

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  • My fiancee passed away and i believe he left me his retirement .He passed away 2013. He shared alot of important information

    I called one of the company who is insisting i fax them a death certificate and they told me i need to find out where his 401k .I believe i know that information too.I gone to vital records to obtain a death they say i need to get a letter from em...

    Richard’s Answer

    Usually plans through private employment are governed by a law called ERISA. ERISA requires the Plan Administrator to follow the written instructions of the employees. Since you may be a Beneficiary of a Plan you have the right to make a written request of the Plan Administrator for records to verify whether or not you have a claim. You want to ask for a copy of the Plan and documents which indicate who he wanted to leave the money to.

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  • What are my legal rights when it comes to an employer who won't submit my eligibility for COBRA?

    Was on COBRA for Feb and March 2014. Former employer got the payment but never sent the eligibility for March. Had a dr's bill in March. Of course it got denied. spoke to cobra admin who said it was paid. employer says no. admin is sending paperwo...

    Richard’s Answer

    You need to have proof that you paid employer on time. If you did then the employer has to pay your Medical Bill if it is the employer's fault that Insurance did not get paid. You need to WRITE not call the insurer and employer with request for written information on why bill was not paid. After you get that information you will know where you stand

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  • Can a restaurant business not take out ss and Medicare but can take out health insurance and not info there employees

    I was told by hr that I owes for Medicare and ss.

    Richard’s Answer

    If you are an employee a business owner is required to take out income, Social Security and Medicare Taxes (FICA). If you are getting health insurance it sounds like you are an employee so, yes your employer should be witholding this as well as paying their share.

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  • Is it legal to not recieve any sort of health insurance, nor raise or paid holiday as a 30 hour a week part timer?

    No compensation in tax paying work envionment?

    Richard’s Answer

    No federal law requires health insurance, paid holidays or a raise for part time work. Sorry.

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  • What can I do when my health insurance refuses to pay for medications the plan specifically states it covers?

    I recently changed insurance plans through my employer because the new plan states it covers all name brand medications, including non-preferred medications, at 100% once my deductible is met. It also states no co-pay is involved. However, I was ...

    Richard’s Answer

    As another poster suggested you need to get a copy of the Plan from your employer. I would suggest you get the full Plan not just the SPD ( an SPD is a summary written in Plain English) as a recent Supreme Court case says only the Plan counts. It must not be inconsistent with the advertising materials regarding what is paid. Ask for your Plan from the employer IN WRITING. They will have 30 days to provide it. Do not spend time on the phone as the only thing that counts in ERISA is what is in writing- you cannot bind a Plan on its oral representations. If the Plan is inconsistent with the advertising then your employer has likely created a separate equitable Plan and either they or the insurer must pay the shortfall. After you get your materials call a local ERISA lawyer and get a free 30 minute consult to make sure you are correct in your assumptions. Good Luck

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