- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Personal Injuries
Health insurance is supposed to be there to help us, for OUR benefit. The California Supreme Court, in the Howell v. Hamilton Meats case, decided that while you might get your medical bills covered by your health insurance but any discount your health insurance company negotiates for you on paying those bills is not a benefit for exclusively for you. The Court said that any person who causes you harm is also entitled to that benefit when it comes time to compensate you for your incurred medical expenses. Often times this also means that the value of your pain and suffering is reduced because auto insurance companies, adjusters, judges and juries all look at your medical expenses as a determining factor in how much to compensate you for physical suffering.
One additional consequence of the Court’s opinion, probably unintended, is that there is no longer any motivation to submitting medical bills to health insurance for payment. Other than getting the bills paid (which benefits only the health care provider), there is no benefit to the injured person. There is more value in letting the bills linger in collections or on a statutory lien for their “full amount” rather than having the bills paid at a reduced rate which only benefits the auto insurance companies and ultimately distorts the value of your valid injury claim.
In essence, consumers are being punished for trying to plan for an unfortunate accident, and being punished again by giving someone who causes harm the benefit of your buying health insurance. The solution is to take the issue up with our Legislature: convince our legislators that the Court misapplied the law and that the health insurance consumer is losing the intended benefit of health insurance. Otherwise, the critical element of damages is depressed, distorted and under compensated. Ultimately the entire system will become retarded because it will be more beneficial to those injured in accidents to let their medical bills go unpaid.
You must contact a competent personal injury attorney to find out if using your health insurance is to your advantage. Our Lawyers have the experience and are here to help if you need to make a legal claim regarding your health insurance.
While local stay-at-home orders were fully in place and freeways were seeing a significant reduction in traffic, state officials were taking advantage of the situation by ramping up their roadwork projects. Road workers were able to work during the daylight hours instead of at nighttime, and were enjoying being able to close down long stretches […]
Delivery truck accidents, like a FedEx truck accident, can be very complicated as there are usually many different companies and people involved and accountable for the incident. Unfortunately, delivery truck drivers often have a great deal of pressure on them to deliver their packages quickly, which can lead to speeding, reckless driving, and dangerous situations. […]
With the state-wide stay-at-home order in full effect, our state freeway traffic is reduced significantly. The problem is that many of those who remain on the road are violating California basic speed law. In fact, according to the LA Times, the California Highway Patrol has reported an increase of over 87% in citations for motorists […]