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Emery Brett Ledger
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Emery Ledger’s Answers

145 total


  • I have few questions about a car accident that I was involved with . The other party was at fault since I was rare ended.

    Police report available. The diver of other car was not the owner of the car? can I sue the driver as well as the insurance co.? I have over $10.000 medical bill which my car insurance co has paid the maximum amount of 5k (approved u...

    Emery’s Answer

    No, do not provide that information to them without first speaking to a personal injury lawyer. This is not the best forum to discuss the intimate nature of the facts of your case. Reach out to a lawyer for a "confidential" case evaluation.

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  • Car accident. Large old metal van hit small plastic car on a 7-11 store property. As a coincidence van driver was on his paid

    hours and got only work insurance and got indentations all over his vehicle. It was his fault when he hit my car ,but the problem is that he got a large indentation on his vehicle right on that spot he hit my car before accident,that saved my car...

    Emery’s Answer

    If the economics of the case don't warrant hiring an attorney i.e. litigation costs will exceed recovery, then consider small claims court. Small Claims is where the little guy gets to even the score against big insurance as from as time, expense & hassle is concerned. Please keep in mind you cannot recover over $10,000 in small claims and thus this isn't the venue for larger cases.

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  • My daughter was in an accident, the other parties insurance denied the claim. How can she appeal it?

    She was involved in an accident where her and the other party was switching lanes trying to get around each other. The lady that hit my daughter was in a big truck, my daughter in a Honda civic. The lady pretty much plowed into my daughters car pu...

    Emery’s Answer

    Hire an attorney as most work on a contingency fee basis and this will prevent your daughter from being bullied by the insurance company.

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  • What is the process of dealing with Medi-Cal for my personal injury claim?

    Recently was hit by a driver while on my bicycle. Cops responded and I had to take an ambulance to the hospital for my injuries. I have Medi-Cal and am not sure how to proceed with pursuing the guy who hit me.

    Emery’s Answer

    I would recommend consulting with a personal injury lawyer who has experience dealing with Medi-Cal. Medi-Cal (aka Department of Health Care Services/DHCS) should be notified early on in your case as they have a statutory right to reimbursement for amounts they paid out for your medical treatment related to the collision. However, an experienced personal injury attorney can work with Medi-Cal to make sure their interest is adequately protected and to secure an appropriate reduction off their lien at the end of your case (and get more money in your pocket). After Medi-Cal is notified and your treatment is complete, Medi-Cal will typically send a ledger detailing the amounts they paid to each medical provider and the total amount of their lien. At that time an attorney can work to obtain a lien reduction. When you have an attorney representing you, the reduction is usually at least 25% off the lien, but can be more depending on the facts of your case and the amount of the settlement or judgment.

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  • Wife in accident. Car totaled. Zero % her fault. She is scared to drive. Can milage be deducted if she requires ride to work.

    Since accident she is afraid to get behind the wheel. Even as a passenger she clutches the door and is extremely nervous on freeway. It has been decided she is zero percent at fault, but other insurance company says she can not deduct the milage ...

    Emery’s Answer

    Post traumatic stress disorder i.e. PTSD is a very "real" injury after a serious auto accident. There are many qualified attorneys in this forum (including our firm which handles matters in San Diego) which will help you perfect a complete claim. Contact an attorney as soon as possible as your wife has a right to be reimbursed for ALL her damages.

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  • Can I file a lawsuit against chipotle I fell on the melted ice and there was no sign?

    I walked on the other side where the utensils are, as I was walking back I slipped hard and my knee hit the cement real bad they called the ambulance ..they filed out a form and filed a claim at the restaurant. Please let me know if there's a c...

    Emery’s Answer

    Your burden as a plaintiff will be to show that Chipotle knew, or should have known, about the melted ice on the floor. If they knew about the condition, they should have taken immediate steps to clean it up. If the puddle was there for a long time and they did nothing about it, they could potentially still be found liable for not inspecting their floor on a regular basis. A strong way to try and prove this would be to find witnesses who were at the scene at/immediately before your fall and see if anyone can say how long the melted ice was there, or even better, can say they reported the condition to a Chipotle employee at some point prior to your fall. You should consult with an attorney who can hopefully help you with your claim. Good luck!

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  • I hired an atty to represent me in a personal injury case and they seem to be working for the insurance company and not for me.

    In Jan 2013 I was rear ended while sitting at a light by a semi who pushed me into another truck. My car was totaled and about 2 mo. later my atty sent me to their chiropractor for my back injuries after learning that my ins. did not cover this t...

    Emery’s Answer

    I am sorry to hear about your situation. It is difficult to evaluate your case as a whole without knowing all the facts. However, know that if you feel that an offer is unfair and the insurance company is not moving - the clearest way to put pressure on them is to take the case into litigation. In my experience, litigated cases usually result in higher offers (although not always). Even though a case is litigated, does not necessarily mean it will go all the way to trial. With that being said, your attorney might have perfectly acceptable reasons for why you should accept the amount on the table. You are entitled to a clearer explanation from your attorney as to why he/she feels this offer is something you should accept. Your attorney should also be able to negotiate with the chiropractor to reduce the bill and perhaps find a way to get you something in pocket. Good luck!

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  • In an auto accident, does the at fault's ins co have the obligation to give you the policy limits?

    I've asked the at fault's insurance company to give me the terms of the policy, or just the policy limits and they are refusing. Isn't it required to exchange this information? At the scene, she did not to me, and I called the police realizing sh...

    Emery’s Answer

    Insurance companies are prohibited from releasing their insureds' policy limits without the insured's consent. They are required to request permission from their insured to release the limits, however, if an individual requests that they do so. Most attorneys will request the policy limits from the at fault party, and it is usually not necessary to have the policy limits of the at-fault party before consulting with a personal injury attorney.

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  • Is it ok to change lawyers if you're currently not done with a previous accident claim from a year ago and had another accident?

    Had an auto accident about a year an a half ago. Filed claim, and still ongoing as I'm still getting treatments. Had another more serious accident/injury this year and would want to hire a different lawyer who has more experience and specialty wit...

    Emery’s Answer

    First off, you are entitled to the attorney of your choice at any point in your case. It is permissible to have a separate attorney represent you for each different accident. However, there can be overlap issues which can make one attorney handling both cases the better choice. For example, one defendant's insurance company may not want to pay the full value of your medical bills as they believe they are partially related to your other accident. This can sometimes make settling one case without settling the second case at our about the same time difficult. A single attorney handling both cases can typically better coordinate both cases.

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  • Is signing a release to AAA prevents me from going after (suing) the uninsured motorist? AAA offered the maximum uninsured ?

    AAA have sent the following release, Can I still sue the other driver for additional damages? "In consideration of the payment $25,000.00 (Twenty-five thousand and 0/100 dollars) by the CSAA INSURANCE EXCHANGE (formerly known as AAA North...

    Emery’s Answer

    If you are only settling with your own insurance company under your uninsured motorist coverage under your policy, then signing this release will not prevent you from attempting to take the at-fault party to court. However, as Mr. Hartner said below, it will be difficult to recover against the third party unless he/she has significant assets. Litigation costs and fees can also be very expensive, so you may end up paying more than your recover by taking your case to court. You should consult with a personal injury attorney before moving forward. If your settlement of $25,000 with AAA covers your medical costs, then it is probably best to just take the settlement and live to fight another day. Best of luck to you.

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