Jeffrey Michael Padilla's Answers

I was in a car accident recently (not my fault) and only using my private insurance, I have Medicare as well. Is that ok?

Any consequences for not using medicare would likely be found in your policy with the private insurer. If you were injured in an accident I urge you to contact a personal injury attorney in your community. You can find many good attorneys here on Avvo. The consultation would be free of charge and without any obligations. At the very least, you will come away from the meeting knowing much more about your rights and your case. Any insurer, be it medicare or private insurance, has a...

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Do I have to reimburse my insurance company for the medpay if I receive settlement from at fault insurance?

As the others have already said, you likely will have to reimburse your med pay provider a portion of what was paid. This will depend on the policy language. However, there may be opportunities for you to significantly reduce your reimbursement obligation or even eliminate it all together. There are doctrines of law called the Common Fund and Make Whole which can help you in certain situations. If you are discussing settlement with an insurer, I would encourage you to contact a...

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Question about Medical Bills/Bodily Injury Case for Auto Wreck

The settlement most likely is global. This means that they are paying you a certain sum and that sum is to cover ALL damages that are claimed to have come from the accident. If there are liens, then they may have notified the third party and might have been paid our of the recovery with a separate check, but you should have been aware of that. Any other reimbursement rights, held by health care providers via contracts with you (i.e., your insurance policy) would be your responsibility....

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Policy limit

I don't want to speculate about your attorney's reasoning, but I can say that I have never had an insurance company offer more than their policy limits on a case. It is true that filing will cost over $400 and it is a common practice to defer those costs. Most clients aren't as ready to have that kind of money spent unless absolutely necessary. Good Luck.

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Am i liable in any way?

The practical reality is that it is highly unlikely you would be personally liable under these circumstances. If the vehicle was insured then the insurer will provide counsel who can answer any questions you have. Of course, if the other driver is at fault, then any liability or coverage issue is moot.

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How long can an insurance company string out a decision on a claim?

You should have your attorney help you understand what might be holding up a response. Insurance companies are notorious for unreasonable delay and unfortunately there is little that can be done to force their hand other than filing a lawsuit. Your attorney may be waiting to take this step because it costs hundreds of dollars to file a lawsuit and this would come out of your recovery as a cost of the case. Don't be afraid to talk to your attorney about what is being done to press the issue....

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California. My business partner killed in an accident. His family making wrongful death claim against driver. Do I have a suit

No. Only family is able to bring a claim for wrongful death. I understand that there are insurers that offer business insurance policies to cover such situations, but it sounds like you had not acquired one. I wish I could provide better information and wish you the best as you move forward.

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Uninsured motorist and bodily injury claim, how do I get all my medical expenses paid?

When you are hit by an uninsured driver and your own auto policy includes coverage for such incidents, as it sounds like yours does, your insurer essentially steps into the shoes of the liable uninsured driver. Just because your insurer is now handling the claim does not mean that they will treat you fairly. I encourage you to speak to an attorney about this. This can be done over the phone for free. You are welcome to call my office as we handle these types of cases regularly. Whether...

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If the insurance adjuster is trying to low ball me, is my next option to file a complaint against the other driver?

Your next option should be to set a meeting with a trial attorney who can discuss the circumstances of your case with you and give you a better idea of what to expect in front of a jury. Every case is unique and while the insurance company is most likely low balling you, this doesn't necessarily mean that trial is always the best option. Your consultation should be free of charge and you have no obligation to retain the attorney you speak with. To answer the questions you ask; yes,...

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Why would I need a lawyer??

It sounds like you were involved in serious accident and are dealing with substantial injuries. Under those circumstances, it is recommended to at least speak to an attorney before deciding to settle the case. Many different options are out there for you that you may not be aware of. For example, if the other driver's coverage limits are so low that they do not fully compensate you for your medical expenses, lost earnings and impacts on your quality of life while recovering, you may be...

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