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Barry P. Goldberg
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Barry Goldberg’s Answers

195 total


  • Will Medi-Cal reduce the amount I have to pay back? I was injured in a car accident. Medi-Cal paid some of my bills.

    The other driver's insurance accepted liability and offered the policy limit ($100K). I have other medical bills besides Medi-Cal. My case is worth more than the policy limit. The defense doctor said the cervical fusion I needed (and had 4 weeks...

    Barry’s Answer

    Yes!
    Medi-Cal will reduce. The Medical website sets forth the procedures you must follow. Contact them immediately and open a file. If you need to settle the case before you have worked out the lien with Medi-Cal, you are permitted to endorse the check and place funds in a client trust account. The rules further require that you hold at least 50% of the total settlement until the lien is involved.
    Even though this is an obvious policy limit case, it is worth an attorney fee to make certain that the lien is handled properly or even ELIMINATED!!!
    Good luck!

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  • Do I file a SR-1 form before I talk to my own insurance company?

    Just wondering whether I filed it or can my adjuster files it if he chooses to do so. I am well aware that an attorney can be the one to file it, but I spoken to some, but my particular case it is not beneficial to retain one.

    Barry’s Answer

    California law requires that you file your DMV Form SR-1 form WITHIN 10 DAYS of your accident. I guarantee that your insurance adjuster will not file one for you.
    In fact, insurers used to forward the SR-1 form with instructions to their own insurers. Most insurers will not even do that any more.
    It is important to complete this task right away. The consequences of not doing it are quite severe. Even if you are insured and even if you are not at fault, the DMV will suspend your license for one full year of you fail to file the SR-1 form. Do it today--- and you are done and do not need to rely on anyone--- particularly your insurer!!!
    Good luck!!

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  • What are Pros & cons of arbitration vs mediation for car accident injury uninsured motorist case from injured person's position?

    Who decides to use arbitration or mediation? Please tell me the cost of 1 day arbitration vs 1 day mediation? Gracias

    Barry’s Answer

    Great Question!
    This is an area I have written about extensively.
    Pursue arbitration! Mediation let's the insurer off the hook.
    Insurers are afraid of arbitration because it is against their own insured. They try to settle almost every case immediately BEFORE arbitration! They usually pay a premium as opposed to 3rd party cases!
    Push, push, push arbitration!
    Good Luck!

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  • Does prop 213 apply if I was passenger and owner of vehicle but driver was not insured?

    I was in an automobile accident involving car I own. I was passenger and my boyfriend driver. I have auto insurance. he does not and was not on my insurance. The insurance company of car that hit me said I am prop 213 bc the there was no coverage ...

    Barry’s Answer

    You will be happy to know that Prop 213 does not apply to you as 1) a passenger and 2) as an insured person. Insurers are easily confused!
    Take a look at the language of the statute. If the insure will not change, time to hire an aggressive trial attorney!
    Good luck!

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  • Should I get an attorney to represent me in an Underinsured Motorist claim?

    The other guy was also insured with AAA, and they paid out policy limits, and now AAA is low-balling on UIM.

    Barry’s Answer

    Yes!! To get paid a fair amount, you need to immediately demand arbitration and push like crazy.
    You need a lawyer with extensive experience in UIM arbitration sand procedure!
    Good luck and Happy New Year!

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  • Fault for Traffic Accident

    I was stopped at a red light and the light turned green. I let the clutch out too fast and the engine stalled. Another motorist then hit me from the rear. Considering how hard he hit me, he could not have been completely stopped and then took off...

    Barry’s Answer

    Good question!
    We see this all the time. While the insurers will dispute this and try to attribute proportional liability to you, it is my opinion that you are not allowed to hit anyone from behind. It shows that the other driver was driving too closely to safely avoid an accident. Further, he was not paying attention.
    Of course accidents happen every day. So do stalls and other mechanical deficiencies. A "safe" driver always accounts for these circumstances and avoids hitting a disabled vehicle!
    Good luck dealing with the insurers on this!

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  • I'm unlicensed. I crashed my parents California insured vehicle out of state in Colorado.

    It was only my parents car that was involved, I suffered no injuries. I do not live with my parents as I pretty much live on the road and only use their home as a mailing/billing adress. I haven't read their entire policy but I'm sure it's not the...

    Barry’s Answer

    This is difficult to answer because there is not enough information. The kind of information coverage lawyers like me need are:
    1. A copy of the Declarations page and policy language, if you can get it;
    2. Your age;
    3. Are you an excluded driver?
    4. How did you get your parents' vehicle?
    With this kind of information, an experienced insurance coverage lawyer should be able to give you and your parents a possible "plan of action."
    Good luck!

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  • Hi my vintage car was stolen in los angeles

    I reported this to the police. I reported this to GEICO when I found out that most insurance covers a grace period of the first thirty days from purchase without technically buying the insurance on my second car. GEICO did not reimburse me and th...

    Barry’s Answer

    You have not provided enough information for me to fully understand the situation. It is unclear when you acquired the vehicle from your question.
    You should be aware that you may be entitled to an award of attorney fees if your assessment is correct and it turns out that the loss is covered.
    I suggest that you consult with a nearby attorney with significant experience with insurance coverage and claim litigation.
    Best of luck!

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  • Policy limit non disclosure, underinsured coverage

    I was in a car accident a few months ago. The other driver found at fault (left turn). I do not have a lawyer yet. I was taken to a hospital immediately with ambulance, injured with no broken bones. I have not yet made any demands, only described ...

    Barry’s Answer

    This is a great question!
    You cannot settle with the third party insurer without verified proof of the policy limits. In short, you can make a demand for payment of the actual value of the claim in return for a full release on the condition that the insurer provide a copy of the declaration page or an affidavit from the underwriting department as to the available policy limits.
    That said, it is unlikely that an insurer would lie. But, you require the verified proof.
    The reason you require the verified proof is that there are certain conditions prerequisite to making an Underinsured Motorist claim on your policy. The most important of which is that you provide undeniable proof that the entire third party policy limits was exhausted by payment to you. You may have reasonable suspicion that one or more policies apply to the at fault driver. Without verified proof, you risk not being eligible for your Underinsured Motorist coverage.
    While you can handle this yourself, it takes years of Uninsured and Underinsured Motorist experience to get it right every time!
    So---perhaps time to consult with an experienced lawyer. Don't be afraid to negotiate a lower fee or base the fee on an amount above $15,000 that was already offered!
    Good luck to you and Happy Holidays!

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  • I did not hold car insurance at the time of my accident and the other insurance companies are placing 100% blame on me.

    I was involved in a four vehicle collision on a wet rainy day. I was the last car in the chain reaction and slid into vehicle three, thus causing vehicle three to make impact with vehicle two. The insurance companies of vehicle three and two are p...

    Barry’s Answer

    This question comes up more than you think!
    I do not have enough facts to advise you on Bankruptcy. However, if you were not at fault-----I saw fight! Let the insurance companies know that you will go to court if necessary to defend yourself. Further make clear that if they were ever lucky enough to get a judgment from you, that you have no significant assets and that you will consider Bankruptcy. Most collection lawyers for the insurance companies would not touch the case knowing that you have communicated that you will fight and that they will never ever see a single nickel!!
    Good luck. I hope this helps and makes the Holiday season a little more bearable!

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