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Bicycling and the Law - 911Law.com

Bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed.
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Now displaying: August, 2017
Aug 30, 2017

 

Bicycling and the Law

Richard L. Duquette

EP64 The Bicyclist Juror  

There are times when bicyclists receive a Jury Service summons to the courthouse. What would you do when that happens to you? People can have different responses. For this, Richard shares some insights on The Bicyclist Juror. How is bicycling connected to jury duty? Tune in!

On Jury Duty

The conflict typically comes when a call is received from an injured bicyclist. Many would try to go through the process on their own. They do it in hopes that they will be treated fairly.

Sometimes the need to face a live jury provides a reality check for insurance companies. An injured bicyclist case can have a significant impact with a jury verdict.

A Constitutional Right

Jurors are unpredictable. While some try to escape jury duty, others respect it. It's a Constitutional right.

Bicyclists have rights just like any other citizen. That is why there are laws to protect them. Many believe that athletic lifestyle matters.

Call for Law Awareness

There are noneconomic damages that should be paid to an injured bicyclist. Among them are pain and suffering, distress, and change of lifestyle. A person's total loss may cost a lot.

Bicyclists will receive justice as long as they follow the law. There exists a need for educated, experienced individuals on the Jury.

This episode on The Bicyclist Juror was brought to you by 911 Law.com. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear​ ​from​ ​you!

Connect with Richard L. Duquette at the following links:

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

Aug 23, 2017

                                                                                                                                  Bicycling and the Law

Richard L. Duquette

EP63 DMV Justice

 

What do you do when you encounter an accident with an incompetent motorist? On today's episode, Richard Duquette discusses DMV Justice. Listen to his insights on how the Department of Motor Vehicles can help, and understand how you can proceed with your case.

Dealing with an Incompetent Motorist

In bicycling, you could encounter motorists who are suffering from dementia or Alzheimer's. Or, they may simply be old and decrepit.  

 

Many do not want to give up their independence and driver's license. The DMV can help you if you are following a fatal or serious accident. They can investigate and demand for reexamination.

Gathering Strong Evidence

When you encounter such cases, gather evidence. You can download the video from your bike camera.

 

Print screenshots of the motorist's behaviors. It is also better if you have a picture of the driver and his license plate. All these help establish the body of the alleged crime.

Cooperating with the Department of Motor Vehicles

You may contact the DMV if the driver doesn't have mental or appropriate skills. Send them a letter with the evidence you've gathered.

 

Once they are aware, that's the time that they take action. They may demand and issue a priority examination.

 

Here’s a list of references for this episode DMV Justice:

  • California Codes of Regulation § 100.01
  • California Vehicle Code 12818, 13800, 13801
  • DMV website

 

Download and listen to the entire episode on DMV Justice. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

Aug 16, 2017

                                                                                                                                                                                                                      Bicycling and the Law

Richard L. Duquette

EP62 Paying Your Medical Bills

 

Once you have identified your medical bills as stated in the previous episode, the next step is to pay them. This is what Richard Duquette discusses on today's episode, Paying Your Medical Bills. Tune in for tips and insights to guide you in the process!

Information Upon Paying Your Medical Bills

To pay your medical bills, you can use your private health insurance. First consider the type of insurance you have. They key is to pay your medical providers.

 

You will need to provide you healthcare policy number, contact information and insurance information. Also, follow up with email or calls.

Cooperate with Your Insurance Company

It is particularly important to prompt your insurance company with your medical bills. Sometimes the bills are already paid before the company hears about the injury case.

 

You need to prompt and follow up with your insurance company because they might cut off your rights. There are companies who do that when they think you are not cooperating with them.

 

As much as possible, negotiate quickly to receive discounts. Doing so also enables you to have a bigger net recovery.

Use Your Medical Pay in Auto Policy

Another thing you can do is use your medical pay in your auto policy. Often you can max out the bills using your healthcare insurance company first, and leave the balance to your medical pay.

 

You can use your medical pay if you don't have insurance. It can help you in a big way.

 

Download and listen to the entire episode on Paying Your Medical Bills. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!

 

If you have any concerns or issues regarding Paying Your Medical Bills, feel free to call Richard for some specific advice.

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

Aug 9, 2017

                                                                                                                                                                                                                      Bicycling and the Law

Richard L. Duquette

EP61 Negotiating Medical Bills Made Easy

 

Bicyclists sometimes deal with expensive medical bills which range from around $30,000 to $60,000. It depends on what the hospital does to treat them. For this, Richard Duquette talks about Negotiating Medical Bills Made Easy. Tune in for some tips and insights about it!

Start of the Problem

The problem in negotiating medical bills typically starts after the bicyclist receives them. Add to that the calls he receives from the insurance agencies.

 

Such situations can be very stressful for the injured bicyclist. In the future, Richard will talk about unfair debt collection laws.

Tip #1: Request an Itemized Billing Statement

When you discharge from the hospital, ask for an itemized billing statement. That will help you audit bills and ensure you get the services from your health insurance.

 

"You want to make sure that you're only paying for what you owe." - Richard Duquette on Negotiating Medical Bills Made Easy

 

You can compare the billing statement's accuracy with your medical records. That way, you can check whether there is a double billing, a charge for something you didn't get, or any other error.

Tip #2: Request a Copy of Your Explanation of Benefits (EOB)

Secure a copy of your EOB from your health care and insurance company. Your EOB indicates the items billed and paid.

 

Earlier this year, Richard handled a case where he helped reduce the amount from $60,000 to $100. Likewise with your EOB, you can check if you can get a discount for specific services from your hospital.

 

Download and listen to the entire episode of Negotiating Medical Bills Made Easy, and let us know what you think about it. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

Aug 2, 2017

 

When getting your fair share of the settlement, often the lawyer should put together a basic accounting. But what if your health care insurance company demands that you repay them from the settlement proceeds you receive? This is what Richard Duquette discusses in this episode. Tune in!

A Right to Reimbursement

One important thing to consider is that insurance companies know you need to factor in settlements, reimbursement claims, and lanes. On their end, they believe they have the right to be reimbursed.

 

There are a variety of liens to consider. Among them are super liens, government liens, medicare liens, and military liens. And although they exist to defend you in a case, lawyers also have the duty to protect these statutory liens.

Things to Consider

It may seem odd that after you've paid the premiums, insurance companies would ask you to repay them. It does not seem fair.

 

When it comes to insurance contracts, there a couple of things to consider. Among them are the nature of the contract, the summary plan description, the language used, the policy included, and the table of contents.

Settlement Case Examples

Looking back, there is a case called Sereboff v. Mid-Atlantic Medical Services, Inc. (2006). It encouraged individuals with the idea of not having to repay an insurance company.

 

However, the United States Supreme Court reversed it in a case called US Airways v. McCutchen (2013). They argued the paramount importance of the Erisa plan.

 

Here’s a list of references for Getting Your Fair Share of the Settlement:

  • Sereboff v. Mid-Atlantic Medical Services, Inc. (2006)
  • US Airways v. McCutchen (2013)
  • Civil Code section 3045 et al.

 

To hear about Getting Your Fair Share of the Settlement, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

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