If you are the victim of a car accident, you may be wondering how you can proceed with your case. In addition to filing a claim against the driver who caused the accident, you might also want to file a lawsuit against the driver’s employer. This is known as a subrogation liens.
Appellate Division finds plaintiff entitled to partial summary judgment
There was a significant dispute in the recent case of Rodriguez v. Milton Boron, LLC. The issue relates to whether the plaintiff was entitled to partial summary judgment in an accident case.
Plaintiff, Victor OLUWATAYO, was injured in a motor vehicle collision. He commenced an action for damages. A jury returned a verdict finding him solely liable for the damages. But the plaintiff contended that the trial justice erred in granting judgment as a matter of law.
The Fourth Department found that the plaintiff’s argument was not well-pleaded. Nevertheless, the Fourth Department’s decision did not affect the final judgment. However, it did leave unresolved the issues of fact.
Medical bills are paid by your own carrier
When you are involved in a car accident, it can be confusing as to who pays the medical bills. However, there are some ways to get them paid. Some of these include applying for health insurance, filing a claim, and utilizing a settlement.
If you have first party medical insurance, you will likely have your bills covered quickly. Your car insurance carrier will assign an adjuster to help you. You will also have a corresponding claim number.
Health insurers and Medicare are two potential sources of funds. They are responsible for paying your medical bills, though they cannot pay them all.
Depending on the state in which you live, you may be able to take advantage of a “med pay” provision in your auto insurance policy. This is a great way to get your medical bills paid.
You may sue to the driver’s employer in addition to suing the driver
If you have been involved in an accident involving a delivery driver, you have a number of options. One of the most common is to sue the driver, but a lawsuit against the company where the driver works is not out of the question.
The legal system is not particularly receptive to frivolous claims, and the best way to approach this issue is to do your homework. A good lawyer can help you determine which option is right for you. Having the right lawyer on your side will not only save you money, but may also speed up your claim process.
You have two years from the time of the accident to file a claim. The deadline may be extended with the exception of limited exceptions.
Subrogation liens in personal injury accident cases
Subrogation is the legal process that allows insurance companies to recover some of the compensation they have paid to an at-fault party. It is an important part of property damage claims, but also plays a role in personal injury cases.
A subrogation claim is typically filed by an at-fault party’s health care provider or auto insurer. They are seeking reimbursement from the insurance company that pays for medical bills. Typically, they seek repayment through a settlement.
In Illinois, health care providers are required to file a subrogation claim within two years of the date of the accident. If they do not file a claim, they can still exercise a lien on the settlement.
Distracted driving is evidence of negligence
If you have been injured in a car accident caused by a distracted driver, you may be entitled to damages. However, proving your claim can be difficult. It is important to speak with an experienced attorney who can explain the details of your case.
To prove a distracted driver was at fault, you will need to provide evidence of the event. This may include evidence of cell phone use, speeding, or other forms of negligence. Depending on the situation, your lawyer might call an expert witness to testify about this evidence.
A police report can help you prove that a distracted driver was at fault. The report contains key information about the accident, including the time, location, and names of the involved parties.
Can you sue for a motorcycle accident if you were speeding at the time
A motorcycle accident is a devastating event. It can lead to severe injuries and a long, difficult recovery. The financial burden is often overwhelming, and many victims try to “tough it out”. But if you are injured in a motor vehicle accident, you have a right to seek compensation.
One of the first things to know is the law governing a motorcycle crash. Unlike other types of accidents, there are specific time limits for filing a lawsuit. This means that you’ll want to act quickly.
Another thing to be aware of is the cost of a claim. Even if you’re not at fault for the crash, you may still be liable for costs. For example, if the at-fault driver doesn’t have enough insurance coverage, you’ll be obligated to pay for his or her medical expenses.
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