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Donald Curtis Kudler

Donald Kudler’s Answers

735 total


  • Do I have to fill out and return the AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION to my car insurance after an accident?

    I had an ER & separate Urgent Care visit after a single car accident. I hydroplaned on a pool of rainwater & hit a wall on the freeway during a rain storm. The police report says I was greater than 50% at fault because of my tires. Car insurance ...

    Donald’s Answer

    Under the insurance policy you have a duty to cooperate in the investigation of a claim against your own policy. This, typically, includes your duty to provide a medical authorization allowing them to gather relevant records. If your treatment is limited to the two visits to ER and Urgent Care, there should be no need for the insurer to go looking at other records. You can forward the records and bills for the two visits and ask them to pay those. If they are clearly related to the accident, there should be no need for the insurer to see other, prior, medical treatment. If they demand the Authorization and you fail to provide it to them, they can deny payment based on your breach of the contract by failing to comply with the request.

    As an aside, if your health insurer is paying for the bills, they should be paid back from medical payments coverage.

    Hope this helps.

    /s Donald Kudler

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  • Do i have some type of settlement?

    I hurt my knee at a Pool party in Las Vegas, I slip inside the pool by the steps when i fell i hurt my knee n it buckle when i hit the floor, I been on crutches and knee brace for 5 weeks cant work cant walk, cant even urinate by standing up. I be...

    Donald’s Answer

    To follow up on what Mr. Lassen said, any property that has medical payments coverage allows persons injured on the property to recover (usually to some limit set by the insurance policy) regardless of fault for the accident.

    The first issue in any personal injury case - especially slip and falls - is did the owner of the property do anything wrong. Was there a defect in design? Was some dangerous condition caused by the premise owner or left there for an unreasonable amount of time?

    You were obviously injured as a result of the accident, but unless you can prove that the premise owner did something wrong, you will not be able to recover from them outside of any medical payments coverage that may exist.

    Hope this helps.

    /s Donald Kudler

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  • What is the time limit for filing a slip and fall suit in southern Nevada?

    i slipped on a wet floor and broke my right kneecap 7/14/14. There was no sign posting that the floor was wet. My lawyer is waiting for the doctor to release me. I hope he is not waiting too long to start an action against the cleaning company

    Donald’s Answer

    Mr. Johnson is correct. The Statute of Limitations for personal injury cases in Nevada is 2 years from (normally) the date of the fall. Your attorney cannot make a demand until the treatment is finished or, at least, you doctors are in a position to know what the future of the injury will be. In addition, once the case is filed, we have to be prepared to disclose the treatment. Filing too early often leads to cases being delayed or being heard by an Arbitrator, Mediator, Judge, or Jury without complete information.

    Hope this helps.

    /s Donald Kudler
    Cap & Kudler

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  • Immediate ER Bills in a auto accident please help, lawyer saying I have to pay ER bill after Medicaid paid ER bill.

    I was in a auto accident, and it was not my fault, very stressful I found a lawyer he is very new so I am assuming he does not know everything yet or does not care. I went to the ER right away after the accident, and was treated my insurance Medic...

    Donald’s Answer

    • Selected as best answer

    I'm not sure why your attorney is not aware that the hospital bill has been paid and/or written off. While he has a duty to protect the interests of those with a legal claim to the settlement funds, he also has a duty to protect your interests. One way to do that is to verify medical bills and seek reductions from the providers.

    You should seek a breakdown of the fees, costs and outstanding medical bills before talking to another lawyer as suggested by Mr. Johnson, as this will assist in determining the best course to follow. It would also be helpful to have a copy of the Fee Agreement you signed to determine your rights and duties under the contract.

    Hope this helps.

    /s Donald Kudler

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  • My nephew was struck By a vehicle should I seek a lawyer

    he was crossing the street in front of the house we was coming from the Ice cream truck she had her slow sign up they lady was speed and was looking down

    Donald’s Answer

    Liability - who is responsible for the accident - will probably be contested in this case. Whether or not the other driver is responsible, your nephew is or they both are will depend upon the facts. I assume your nephew is a minor. Your nephew's parent or guardian can talk to a lawyer on behalf of your nephew and whoever is responsible for his medical care to determine if there is a claim against the other driver. There are two injured parties in a case involving a minor: a parent/guardian has a claim on behalf of the minor has a claim for the minor's pain and suffering; the parent/guardian also has a claim for the medical bills incurred as a result of the accident.

    The Statute of Limitations for personal injury cases, such as car accidents, in Nevada is two years from the date of the injury. Failure to file within that time will result in the right to do so.

    It is best to contact a personal injur lawyer as soon as possible so that the case can be processed efficiently.

    Hope this helps.

    /s Donald Kudler

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  • Can my auto insurance raise my premiums if I make a property damage claim arising out of an incident which was not my fault?

    Please cite to any relevant authority.

    Donald’s Answer

    • Selected as best answer

    No. See, NRS 687B.385 (Cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault prohibited) which states:".  An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a result of any claims made under the policy with respect to which the insured was not at fault."

    Hope this helps.

    /s Donald Kudler

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  • Can a person or PI photograph me through my windows?

    Is it legal for my ex or her PI to take pictures of me in my home through windows? She has hired someone to follow me and take pictures of me in my home, work, and car. She told me this and I have seen one pic so I'm not being paranoid. My blinds...

    Donald’s Answer

    You want to look at NRS 200.603 Peering, peeping or spying through window, door or other opening of dwelling of another; penalties which can be found at http://law.justia.com/codes/nevada/2010/title15/chapter200/nrs200-603.html. Ask the police to investigate and ask for a temporary Restraining Order to be issued.

    /s Donald Kudleer
    http://www.capandkudler.com

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  • Can I sue my ex boyfriend for a car accident he caused in my car.

    My ex boyfriend crashed my car into a light pole. He lied to me and told me he didn't hit anyone. Two years later I'm being sued by someone he apparently hit. I paid for the light pole and he paid for nothing just sat back like nothing happened.

    Donald’s Answer

    I'm assuming you did not have insurance coverage. If you did, then turn the case over to them to assign an attorney to defend you. Most states, such as Nevada, would require something other than mere ownership to hold the owner liable in what are known as negligent entrustment cases. To prove such a case, the Plaintiff would have to show that you allowed the ex-boyfriend to drive the car with the knowledge that he could not do so safely. For instance, if you knew he had been drinking and asked for the keys and you gave them to him, most states would allow you to be found liable for the damages he caused. Another possibility in many states would be a failure to properly maintain your car that contributed to the accident. For instance, if I do not keep my brakes working and allow a friend to drive it, I can be held liable for the damages he causes.

    As for suing him, you should be able to file a cross complaint against him for the damages to your car and contribution and indemnity for any damages you may be held liable for. You should speak to a counsel and file an Answer to the Complaint to avoid a default Judgment against you.

    Hope this helps.

    /s Donald Kudler

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  • How often should I receive updates and communication from my attorney?

    "I retained an attorney in March for a personal injury incident that took place last October. I haven't received any updates from him or his team or seen any movement on my case yet. The insurance company contacted me two months ago to begin negot...

    Donald’s Answer

    First, understand that yours is not, unfortunately, an unusual case. It's my understanding that the biggest complaint people have about attorneys is a lack of communication. Yes, the attorney should make sure that all of your calls (within reason) are being answered. If the attorney feels that you call to much, he should let you know what he feels is an acceptable frequency.

    That being said, the lack of proper communication, while it makes you feel uncomfortable, does not mean that the attorney is not doing his job. It may be that he is waiting for medical records to prepare a demand on your behalf. He cannot do a demand until all of the medical records and bills are in and copied to be presented to the insurer.

    I suggest that you send an email or other reminder that you wold like a status update on your case. If he does not give you one and you feel uncomfortable with the service he is rendering you can seek out alternate counsel.

    Hope this helps.

    /s Donald Kudler

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  • My son was injured in a car accident with a police officer and we can't get any info. Should we get an attorney?

    Two weeks ago, my son was hit by cop at 1:30 in the morning. Businesses nearby and unofficial comments on news sites said the highway patrol was investigating and that from video it appeared the cop was speeding without emergency lights on and hi...

    Donald’s Answer

    Yes. You should seek the assistance of an attorney immediately. It looks like there will be liability issues in your son's case. If one of the issues will be whether or not your son was was drinking or legally intoxicated, you should also start looking for a criminal attorney to represent him if he is charged in the future. If there is any chance of your son being at fault, or partially at fault, you should report this to his insurer as well so that they may begin their investigation and defense if necessary.

    Also, if your son (or the owner of the car he was driving) carried medical payments or PIP coverage, he could be eligible for payment of his medical bills without waiting for a result on the liability issue. As always, get the medical care needed regardless of who might be found at fault.

    Hope this helps.

    /s Donald Kudler

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