Stephen I Leshner's Answers

Auto accident

Unfortunately, even though there may be ample evidence of the other party's fault, and he or she was cited for the collision, the adverse insurance company may attempt to allege that there was comparative negligence on your part that caused or contributed to the collision. There may be some evidence of this, or it could be a wholly made up fantasy of the insurance company. This is a strategy insurance company's employ to save money. In order to prevent this strategy from being successful,...

1 person marked this answer as helpful

Is it legal for a hospital to do bill balancing even after the accepted their payment from my insurance company from a car accid

Yes, in Arizona, health care providers are allowed to "balance bill" pursuant to Arizona Revised Statue Sec. 33-931. Balance billing is the practice of seeking to obtain additional funds after payment of less than its full billed charges. In order to be enforceable, the lien has to be recorded in the County where the healthcare provider is located, and recorded within thirty days after the patient receives services, and at least thirty days before settlement of the personal injury claim....

1 person marked this answer as helpful

Air bags did not go off.

Generally, the air bags are programmed to deploy during frontal collisions at speeds greater than 12 to 14 miles per hour. The failure of the air bags to deploy during your collision could be because the speed wasn't great enough, or because of a defect. If it's a defect, the next question to ask is what injuries were caused or aggravated by the failure of the air bags to deploy. If your wife suffered soft tissue injuries to her neck, back and head, the cost of suing the auto maker in a...

1 person marked this answer as helpful

Are the statutes of limitations different when a minor child is involved'? For all related expenses?

The right of reimbursement for medical bills belong to you. The claim for pain and suffering belongs to the minor. If you file a lawsuit on behalf of the minor before the two year statute of limiations, you will preserve the claim for reimbursement of medical expenses. If the minor waits to file a lawsuit until two years after he or she reaches the age of majority, he or she can only make a claim for his or her pain and suffering: the right to claim the medical bills will be lost. I...

1 person marked this answer as helpful

My sister and her husband were hit by a drunk driver that tried to run after hiting them can they get more money considering ?

The fact that the adverse driver was impaired at that the time of the collision entitles your sister to make a claim for punitive damages. The aggravated circumstances in this case should produce a higher settlement or verdict than would normally be available without the aggravated conduct. Your sister should contact a lawyer in Arizona who specializes in personal injury case as soon as possible.

1 person marked this answer as helpful

Car Accident- not at fault i was rear-ended

You need to consult with an attorney to decide whether this is a fair offer. You should not sign a release, or agree to settle the case until you do so. Most plaintiffs personal injury attorneys offer a free consultation, so an evaluation of your claim should not cost you any money. If you're interested in learning how personal injury attorneys and claims adjusters evaluate these kind of cases, you may want to read my blog on this issue. Go to www.aztrialblog.com, and click on the October...

1 person marked this answer as helpful

Is there any provision in a home owners insurance for someone injuries in a car wreck? Either the person who hit us or my own?

Unfortunately, homeowners insurance will not cover damages in these circumstances. However, since you were a passenger in a motor vehicle, and injured by an uninsured motorist, if you had automobile insurance with uninsured motorist (UM) coverage, or if you resided with a relative who has uninsured motorist (UM) coverage, then that coverage will apply to compensate you for your injuries. It does not matter that you were not in your own vehicle. Uninsured motorist coverage applies wherever...

Can my health insurance demand money back from a lawsuit?

Your medical insurance contract should outline your responsibilities in the event your insurance paid medical expenses incurred in the collision. Generally, the subrogation and lien rights of the insurance plan are enforceable only if the plan is a qualified federal ERISA plan. If the subrogation and lien rights are set forth in the insurance contract with a qualified federal ERISA plan, then the reimbursement provision is enforceable in Arizona. However, you should be aware there is a one...

Can a car be repoed while you are still in it? Can they trap you in at a signal light and take it from you?

The repo company engaged in a "self help" repossession, which they are legally entitled to do, unless it results in a "breach of the peace". Some courts have construed involving the police in a self help repossession as evidence of a breach of the peace. While the repossession may have been completed, if you suffer damages as a result of a breach of the peace during a self help repossession, you may be entitled to consequential damages not only from the repossession company, but also the bank...

I was rear-ended by a drunk driver and broke my leg.

Based on the information you provided, the insurance company appears to be attempting to take unfair advantage of you. You should consult with an attorney who specializes in personal injury cases immediately. Not only should the drunk driver's insurance company offer you his policy limits, but you may be to get the drunk driver to contribute an excess amount, either privately, or through criminal court restitution. If you sign a release with the drunk driver or his insurance company without...