Gary Philip DuFour's Answers

Medical bills in excess of motorcycle injury settlement?

To answer the last part of your question. No, your HMO cannot seek to recover the amount in excess of the settlement directly from you. Subrogation in insurance is your HMO's right to seek recovery from 3rd partys. They have a duty to pay your medical bills in thier entirety but a right to recover from the party at fault. Disclaimer: The preceding is not intended as legal advice and does not create an attorney client relationship.

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Debt Collection - Divorce

If your MSA was incorporated into a judgment then your sister may already be a judgment creditor and there is no need to sue. The least expensive way is to make a written demand. If he does not respond then a writ of execution can be sought to attach his wages, property etc.

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What can I claim when I got in to a motorcycle accident with expired insurance, but that was another driver fault.

Remember to always carry the required auto insurance policy limits required by law. Resulting from CA Prop 213 (1996) Injured Drivers who do not have a valid insurance policy at the time of a collision that was not their fault cannot collect for general damages, i.e. pain and suffering. Recovery is limited to actual economic loss. That means you can recover for the actual costs of your damages. Medical bills, lost earnings, and the repairs to your bike but not for your pain and suffering....

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Personal injury

I agree with the other answers. But one of your big issues is that they presumably have the tape you refer to. There is nothing to prvent them from "losing" this evidence that is favorable to you. You need to consult with an attorney as soon as possible. In addition, your medical insurance will put a lien on your recovery if there is one. You need someone that is experienced in negotiating with insurance companies to reduce the liens.

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School district/teacher contract

Probably not unless the school either had a duty to disclose that information to you or materially misrepresented its status. Otherwise, if due diligence on your part would have uncovered the fact that they were unaccredited then the fault lies with you not the school.

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TX resident recieved California 5150 on 2Jan08 - police brutality & SouthCoastMed staff abuse

Welfare and Institutions Code 5150 provides for a 72-hour hold when a person is a danger to themself or gravely disabled.

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GPS units in California

In a recent California Appelate Court case where a criminal defendant who was challenging the ligitimacy of a traffic stop based on V.C. § 26708(a)(2), for an air freshener hanging from the mirror the court ruled: An air freshener hanging from a vehicle’s rearview mirror is a violation of V.C. § 26708(a)(2), at least where the evidence is properly presented to the court. People v. Colbert (Dec. 11, 2007) 157 Cal.App.4th 1068 Now the reality is this. Joe citizen rolling down the street with...

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Slapped the cell phone out of a guys hand when he was snapping pictures of us and our cars. I was then charged with 212.5(C):PC

You were arrested for 2nd degree robbery. A robbery is the taking of a thing of value from the person of another by force, fear, or threat of bodily injury. According to the limited facts that you describe, there was no taking and no intent to "take" anything from the alleged victim. You merely slapped the object from his hand. The fact that it was found in a bush supports your story to the extent that you did not take it from his hand then throw it in the bushes. The slapping of the...

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If the statue of limitation has passed, whom do I report to have my debt been removed from credit history.

Contact the three credit bureaus and dispute the entries. Negative information on your credit report should be deleted after 3 years. Here's a useful link: http://www.creditinfocenter.com/creditreports/CreditBureauContactInfohtm.shtml Disclaimer: The preceding is not intended to be legal advice and does not create an attorney client relationship,

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I was invloved in an auto accident two days ago, a woman ran a red light t boned me going at least 50mph she was headed north

Like Mr. Fink said in the previous answer you appear to have a good case from the limited facts you describe. If you are injured, you should be seen by a medical professional immediately. If you were carrying auto insurance as required by California law at the time of the accident, AND the other party has insurance, OR you have uninsured motorist coverage you MAY also be entitled to compensation for you General non-economic damages like pain and suffering. You should find a personal injury...

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