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Wendy Schenk’s Answers

848 total


  • Can my name and child support be written on a check from an insurance claim?

    I was in an accident not to long ago. I was sent a check from the insurance company for being injured. It is written to pay in the order of me and child support.

    Wendy’s Answer

    Contact the insurance company and ask that they provide you with a copy of the notice of lien that the insurance company must have received from the Department of Child Support Services. That letter will have the name and telephone number of the case worker concerning the lien for past due child support. You will need to contact that case worker to try to negotiate the lien. If you are able to come to an agreement as to what portion of the check goes to you and what portion must go to the Department of Child Support Services, the case worker will need to send a letter to the insurance company confirming the agreement that you reached. You will then need to send the check back to the insurance company for them to issue separate checks. By law, the insurance company cannot release funds to you individually without the letter from the Department of Child Support Services verifying that their lien is going to be protected.

    ****This response is provided for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

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  • What do I do if my car insurance does not want to pay my medical bills?

    So my situation is a little sticky. My husband was in a major accident where he broke his collar bone and sprained his arm. He was at fault. We both got in another car accident (where I was driving) the following month, where my insurance made it ...

    Wendy’s Answer

    Do you have medical payments coverage on your policy? If not, then there is no reason that your policy would cover. Hate to say it, but big thing here is if you don't even know what coverage you have. Kind of like buying a multimillion dollar home before you know if you can afford it. If it's not covered under your auto policy maybe you would have just gone to your primary care doctor under health insurance. Expensive mistake not knowing what you are doing and/or have going on.,..

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  • How can I resolve this collection issue that is related to car injury case?

    After 1 year and 10 months from my car injury case , the lawyer decided to go to the court for a lawsuits During this process, one of the medical collector has sent me to collection and I do not know what to do Any advise

    Wendy’s Answer

    Duh, tell your attorney and give him/her the paperwork. Why are you so scared to talk to your own attorney????

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  • I need help with a wrongful death. I would like to be joint in my daughters affairs.

    My daughter was killed last yr while pushing her son in the crosswalk in Hayward, Ca. The light was not working. The baby survived but is a special needs baby and the father of the baby will not let me see the baby or be apart of my daughter lawsu...

    Wendy’s Answer

    Because your daughter had a child, in order to present a wrongful death claim you must be able to prove you were financially dependent upon your daughter.

    Visiting your grandchild is another matter, you would need to work out an arrangement with the father.

    **Set up a consultation with an attorney. This response is to provide general info and is not intended as legal advice, nor does it create an attorney-client relationship.

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  • Back up into a big delivery truck park behind a restaurant -park at no parking fire lane.He could park any other place but he

    park right where there is cars park right infront of him . I didn't see the truck back out and hit him . my car damage his was on some har metal and not damage. just left some paint. Would he incur some fault too?

    Wendy’s Answer

    So let me get this straight. Big delivery truck is parked and not moving. You back up and hit big truck. You wonder if stationary vehicle could be at fault? Nope. If you can't get out safely without hitting something, don't do it!

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  • What happens when a doctor prescribes too many Xanax and Percocet?

    I am currently going through a divorce after 34 years of marriage, due to my husband's excessive drug and alcohol abuse. At the beginning of 2010, his friend, Bob, began providing him with Xanax and Percocet. My husband became hooked, and after tw...

    Wendy’s Answer

    Do you have copies of your husband's medical records? If not, were you there during his appointment? The reason I ask, is how do you know what he said to the doctor? Addicts lie about how much they drink. Plus if you and he are divorcing, how do you figure you have standing to sue the doctor?

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  • Can I sue someone that drove my car under the influence without my permission and then totaled my car?

    I went out one night with friends and got drunk so I knew to not drive my car so I didn't. But someone else did that I didn't give permission to drive and he totaled my car and crashed into 3 parked cars. My insurance isn't covering anything on my...

    Wendy’s Answer

    Did you file a police report accusing the person of essentially stealing your car and driving without your permission? If so, provide a copy to your carrier. They might extend coverage if they have a substantial basis to see you didn't give permission. Otherwise, you can file suit against the driver, but if he has no money or insurance.,,you are screwed.

    **This response is provided solely for general info purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

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  • How do I Sue a company for sexual harassment/assault?

    I was a victim of sexual harassment and assault during work hours at Sprouts farmers market. The HR manager came and talked to me, but our conversation was left open ended. I called and emailed her numerous times about it but never got a response....

    Wendy’s Answer

    If you were assaulted, you called police, right? And you took photos of any physical injuries from the assault, right? Provide a copy of the police report and photos to HR. of you didn't contact police, why not? Not preserving evidence and contacting police hurts your case. Contact an employment attorney ASAP before you potentially hurt any case you might have even further.

    **This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

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  • What can I do about not being able to pay thousands for an at-fault car accident?

    I accidentally ran a red light because I thought it was green. I wasn't even distracted; I was looking right at the light prior to going through the intersection. So I still do not understand how this happened. A large truck hit me and that pushed...

    Wendy’s Answer

    All your insurance carrier can do is offer your $5,000 property damage limit to the owner of the truck and the owner of the Audi in exchange for a release of claims against you. However, the truck owner and Audi owner are not obligated to accept that offer. If either files a lawsuit against you, your insurance carrier will hire an attorney to defend you. However, all that will be offered towards settlement is the $5,000 limit under your policy. If judgments are entered against you, your insurance company will issue payments adding up to $5,000. You will be responsible for paying the rest. You have two options, work out a payment plan or else file for bankruptcy. If you file for bankruptcy, the truck owner and Audi owner will not be able to pursue you personally for payment. The two will be limited to collecting payments totaling $5,000 from your insurance carrier. So you need to consult with an attorney specializing in bankruptcy to decide if that is a viable option for you. Your insurance adjuster is not an attorney and doesn't specialize in such matters. So obviously the adjuster can't guide you with respect to that decision.

    ***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

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  • How can I get an attorney to give me a portion of the money he received for a car accident I was involved in?

    In 12/2007 I was hit by a person who admitted she pushed her accelerator instead of her brake in an intersection - the attorney I had was a friend of my dad's - he received $15,000 dollars from the insurance of the person who hit me - he told me h...

    Wendy’s Answer

    If he was your attorney, you must have signed a contract. 9 years actually isn't diligent. You may have blown your deadline to take action. Set up a consult with an attorney to explore your options.

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