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Your Health Insurance Wants to be Paid Back!

By Aline Miranda on April 21, 2011

If you have been injured in a motor vehicle accident and you receive medical treatment paid for by your health insurance, in most cases, your health insurance plan will require you to reimburse the cost of your treatment out of your settlement. Likewise, if you receive medical treatment paid for by Medi-Care, Medi-Cal, and Tri-Care. Even if you don’t have health insurance, if you are treated in a hospital emergency room after an accident, the hospital’s bill must be paid out of your settlement.

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Whiplash Injuries

By Aline Miranda on April 19, 2011

Whiplash is one of the most common injuries sustained in motor vehicle accidents, yet frequently disputed by the big insurance companies. Whiplash is actually a constellation of symptoms collectively referred to as whiplash syndrome caused by the sudden acceleration of a rear end collision. Whiplash injuries are real and there is substantial scientific and medical evidence documenting them. So why do the big insurance companies continue to fight these claims? The simple answer is money.

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The Fine Print ALWAYS Matters

By Aline Miranda on April 13, 2011

Read before you sign. Everyone knows that, right? But have you ever read your auto insurance policy? I bet not. In all my years of representing accident victims, I have never met a single client who had read his or her auto insurance policy. Your auto insurance policy is a contract and, like any other contract, you should know what’s in it and what isn’t. Reading and understanding the definitions and coverages of your auto insurance policy can be a daunting task, but knowing what is and what is not covered could make the difference between being fully compensated for your injury and not.

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Got a Small Case? A Small Trial May be the Answer

By Aline Miranda on April 1, 2011

California now offers a new type of 1 day trial for smaller cases. California’s Expedited Trials Act is modeled on programs that have been used with great success in South Carolina and elsewhere. Expedited trials, which last no more than 1 day, are expected to lower the cost of bringing cases to trial and open the courtroom doors for more accident victims to get the justice they deserve.

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Saying You’re Sorry

By Aline Miranda on March 22, 2011

Clients who have been injured in an accident often express great frustration that the driver who caused their injury seems not to care about their pain and suffering. I explain that the other driver has a lawyer who has advised him not to apologize because his apology can be used against him as an admission that the accident was his fault. Unfortunately, it has become standard practice for defense lawyers to instruct their clients not to apologize — even in cases where it might make sense to do so.

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Has Colossus Cheated You?

By Aline Miranda on March 16, 2011

I’ll bet few of you have heard of “Colossus.” It’s one of the insurance industry’s best kept secrets, despite that it is used every day to cheat accident victims out of millions in compensation.

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Shopping Around for Car Insurance?

By Aline Miranda on March 1, 2011

California wants to help consumers shop around for the best rates on their personal auto insurance policy. That is why California law requires insurance companies to maintain either a toll-free telephone number or Web address where consumers can obtain a free rate quote or be referred to an insurance agent/broker. The following is a list of California-admitted insurance companies compiled by the California Dept. of Insurance.

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S.R. 67: A Dangerous Roadway

By Aline Miranda on February 24, 2011

Driving in California is unlike driving anywhere else. According to the United States Census Bureau, there are around 30 million licensed California drivers … more than any other state. We’ve also got more interstate freeways than any other state. But of the more than 2 million miles of roadway in California, 2 lane roadways are driven more than freeways in the Golden State … and they’re more dangerous too. According to The Road Information Program (TRIP), 77% of all fatal crashes occur on 2 lane roadways, such as State Route 67.

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Have You Been Injured by Someone Driving Under the Influence (DUI)?

By Aline Miranda on February 22, 2011

“It’s Just Past 3 am on a Saturday Nite…”, last week’s cover story in the San Diego Reader, reports: “In San Diego it seems if you don’t have a DUI, chances are your neighbor does. According to insurance.com, America’s Finest City topped the list for having the largest percentage of drivers with alcohol related driving convictions in mid-2010.” The story takes a hard look at the consequences of driving under the influence, even for a first offense, including loss or restriction of your license, and bail, fines, penalties, and attorney’s fees which can add up to $10,000 or more.

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Parental Responsibility for Accidents Caused by Minors

By Aline Miranda on February 20, 2011

Generally, parents are not responsible for torts committed by their minor child. This rule dates back to a California Supreme Court case from 1885. However, the legislature has carved out several exceptions to this general rule, including limited parental responsibility for motor vehicle accidents caused by minors.

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