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Barry Regar
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Barry Regar’s Answers

54 total


  • Certified Policy Limit Demand letter not accepted, what can I do?

    I have documented the Policy Limit Demand letter with the courts and sent it certified mail with return receipt but the law office will not accept it, it was left with a notice 4 days ago. and is still sitting there. can I have deliver that or hav...

    Barry’s Answer

    Your question is confusing at best. If you are trying to deliver a, “policy limits”, demand to another law firm, then you or an attorney must have filed a lawsuit arising out of this claim. If you are In Pro Per, representing yourself for your injuries and or losses you are already over your head unless you have the requisite legal knowledge to protect and assert your legal rights for maximum results. As the other attorney responders have stated the court clerk does not want your letter and will not file it since it is not a document that requires filing. A policy limit demand is only worth the paper it is written on if you obtain a verdict in excess of the policy limit and it can be proven that the adverse insurance company had sufficient facts obtained through discovery and or their investigation to establish that it was unreasonable and in bad faith to reject your offer to settle. If you have a lawyer then you should be discussing this matter with the lawyer.

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  • If I was a passenger involved in a car accident, do I file a claim against the responsible party?

    My friend was driving, and we got rear-ended. None of us were severely injured, but I did suffer some whiplash-like symptoms. We didn't file a police report, and I don't believe anyone admitted fault. My friend and the driver who hit us exchanged ...

    Barry’s Answer

    You can submit your medical bills to your driver’s insurance company if he had Medical Payments coverage which requires his insurance company to pay your accident related medical bills up to the limits of the police coverage. That is an option for you. And of course the other driver’s insurance has the ultimate responsibility to pay the medical bills that can be proven to be related to your accident related injuries. If you currently have no symptoms of any injury you sustained in the accident and you are back to full activity without any pain or limitations of motion than you may or may not need an attorney depending on what the adverse insurance company offers you for your case over and about your medical bills and any loss of income your may have incurred. Having said that it is a good move to consult with an experienced personal injury lawyer to learn all your legal rights.

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  • Can insurance Co in CA pay less than policy limit when insured's friend, not the insured, was driving at time of fatal accident?

    This past 4th of July my neighbor's teen-age daughter was killed in an automobile accident. She was the passenger in a borrowed car driven by a drunk driver. The drunk driver, who had no auto policy of his own, borrowed the car from his brother-i...

    Barry’s Answer

    If the drunk driver was a permissive user of the car and there was no language in the owner’s policy decreasing the liability coverage available for the permissive user then the offer of 30K for the death of a child is ridiculous. The parents of the deceased child must review their own auto liability policy to discover whether or not they had underinsured insurance coverage that exceeds 50K. A drunk driver can be sued for punitive or punishment damages which are over and above the economic and noneconomic damages potentially available to the parents. Also the possibility of the owner of the car lending the car to the drunk driver if the owner knew or should have know about the fact that the driver may have been drinking before the keys were given to the driver can expose the owner to a claim against him for negligent entrustment. Bottom line is that the parents should consult with an experienced personal injury lawyer.

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  • Premises Expert re: Personal Injury and Slip and Fall Accident/Surgery

    In a recent slip-and-fall requiring tendon surgery, a cast, numerous months in physical rehab? It was bought to my attention a "premise expert" needed to be bought in - survey the dimly lit parking lot of a Wells Fargo Bank in Glendale CA...

    Barry’s Answer

    • Selected as best answer

    You can’t really expect to have your question answered based on the facts presented. You need to ask your attorney this question. The fact that you have not addressed this issue with your attorney appears to indicate that you have a communication problem with your attorney. A premises liability case involving the tripping over a cement parking stop at night may require a lighting expert combined with a safety expert. The expenditure of investigation and expert costs are justified in cases that have potential damages that warrant the expense. You should have a serious discussion with your attorney at which time you should ask the attorney to explain his liability analysis and how he or she intends to prove the case without expert witnesses supporting your case. Serious injuries resulting from premises liability claims most often require an experienced personal injury lawyer who is willing and able to spend the money necessary to properly work up the case.

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  • Car accident

    i was a passenger in a car while the accident happen do i need to provide my car insurance to the other party &/or to there attorney since it wasnt my car nor im at fault

    Barry’s Answer

    Your car insurance information will only become relevant for obtaining compensation for any of your injuries or losses if the other driver of the car you were not in was at fault and he or she didn’t have liability insurance. You may then have an uninsured motorists claim against your own insurance company if you had that kind of insurance coverage. This may also be necessary if the same set of circumstances described above related to the driver of your car not having liability insurance and that driver was at fault. Also if the other driver was at fault without insurance coverage and your driver’s uninsured coverage were less than your uninsured/underinsured limits you may also have an underinsured motorist claim against your own insurance company. There are too many facts that you have not included in your description to provide a more complete answer. You should contact a personal injury lawyer to review your situation and provide legal advice.

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  • Is it too late to hire an attorney?

    It's been almost 10 months since my car accident. The insurance company gave me an offer but it isn't enough to cover medical bills. It doesn't seem like they will increase their offer since it was a soft tissue injury and there were no fractures....

    Barry’s Answer

    California has a 2 year Statute of Limitations which allows an accident victim 2 years to file a lawsuit against the negligent driver who caused a vehicle accident. So the fact that 10 months has passed does not eliminates your legal rights to be fairly compensated for your injuries and resulting damages. If you have reached an impasse with the insurance company than I suggest you contact an experienced personal injury attorney to review the facts of your case and your medical records to evaluate your case and advise you of the probabilities of obtaining an out of court settlement or a jury determination of the value of your case. Most likely with competent and respected legal representation you should be able to maximize your monetary recovery.

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  • When claiming physical or mental damage, does it have to be permanent damage or could it be temporary? If I felt dizziness but

    recovered, can it be a valid damage claim although it's temporary?

    Barry’s Answer

    If you were injured in a car crash and suffered personal injuries you are entitled to compensation for pain and suffering, medical expenses, loss of income, and property damage. The damage settlement amount, or jury verdict for the pain and suffering element of the damage amount is based on the degree of injury and the longevity of the symptoms. Therefore physical pain symptoms that disappear in 6 months have a lesser value than symptoms that last for a longer time period or are permanent. Temporary symptoms do have a value for settlement purposes and you are entitled to monetary compensation even if you are fortunate enough to fully recover.

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  • A friend was involved in a car accident and fled the scene of the accident. How should he file this claim with his insurance?

    A friend hit a parked car and fled the scene. His car was ultimately found later that night, a few blocks away, by the police department. The registered owner of the vehicle involved in the hit and run accident provided insurance information to th...

    Barry’s Answer

    The owner of the other car has already provided the police with the information about your friend’s car so the police report will contain the information about the registered owner and the fact that the driver left the scene. I assume that your friend’s father has been notified about the accident and therefore his insurance company will ultimately know about the accident. Your friend can face criminal charges for fleeing the scene of an accident.

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  • How do counter offers usually work?

    I have asked for help from an Attorney and it's time to send a counter offer, as the other's insurance has already made a very small settlement offer, of course, to be expected. I have proof that I was stressed at work and unable to take on new as...

    Barry’s Answer

    I am puzzled why you are seeking advice from other attorneys when you are already represented by counsel. If you are second guessing your attorney then it sounds like there is a communication problem. Have you asked your attorney the question you have posted on AVVO? Demands and offers are case specific and there is no, “one size fits all”, answer to your question. I suggest you meet with your lawyer and explain that you have questions and concerns that need to be discussed. If the lawyer wants to keep you as client it would be logical that your questions will be answered.

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  • Wrongful Death Lawsuit. Settlements were accepted. Found out Medicare and Other insurance wants payback for medical

    Can anyone tell me about how long it takes attorneys to settle up with the payback of medicare payment and insurance companies!!! Have settled with companies but now the attorney has to work out with medical insurance company and medicare what por...

    Barry’s Answer

    Medicare has a statutory right to be reimbursed for all payments that can be identified as being made for your accident related injury treatment. Insurance carriers will not send the settlement check without Medicare being named as an additional payee or will send the Medicare lien amount in a separate check to Medicare once they are provided with the final repayment letter from Medicare. I always ask the insurance carrier to send two checks totaling the settlement amount once I have the final Medicare lien. I never want the insurance settlement check to include Medicare as a payee because it simply takes too long for Medicare to issue a check to my client and my office for the balance after Medicare takes out their share. Medicare often looses documents and checks and the process has to be restarted which is a large pain.
    Medical liens that are not Medicare or Medical can be negotiated more easily than with the government entities that use fixed formulas to determine the lien amount. The formula is based on the total settlement, attorney fees, costs and other medical liens. At times Medicare and Medical will reduce a lien below the formula amount if you can show hardship. Also there is an appeal process to address liens. Medicare and Medical must be put on notice of the third party settlement of judgment so that they can research their payment history concerning your case. You and your attorney and the insurance carrier can be liable to Medicare and Medical for failure to notify these government entities.
    You didn’t mention if the other medical liens reflected payments by an ERISA health plan that may not allow a lien reduction. This is a complicated area of lien law that cannot be addressed in this post. Your lawyer should have this information
    Finally I would add that the attorney who posted that the lawyer, “should reduce the liens to 5 or 10% of the original lien amount is not knowledgeable about the Medicare or the Medical lien reduction process. Medicare will not routinely reduce the liens to those amounts. I have had Medicare and Medicare reduce their liens to lower amounts in extreme hardship cases; but only on rare occurrences. Under California law a Superior Court judge can reduce Medical liens under certain circumstances. The California Attorney General’s office will argue against this attack on the lien.
    Non government health care providers do not reduce their liens to 5 or 10% of the total lien amounts. I negotiate liens on a daily bases and know that these reductions don’t occur in the real world. The doctors, chiropractors, physical therapists, and hospitals want to know the amount of the settlement and how much the patient will recover. They want to know if I have reduced my fee. They want to know how much other providers have reduced their liens.
    Medicare has been sending out final liens letters within 60 days in the last 6 months. Before that it could take 4 or more months. Negotiating with private medical providers can take a few days.

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