Beware of the Insurance Industry!

posted in: Insurance |

The ‘Insurance Industry’ is at it again.  Over the last two years there have been several significant rulings that change the law in personal injury cases in California.  The first and most dramatic change came when the California Supreme Court ruled in “Howell v. Hamilton Meats”, (52 Cal.4th 541).  In that ruling the Court announced a new approach to establishing the amount a negligent defendant-in fact the insurance carrier for the negligent driver-must pay for the injured persons medical treatment.  In years past the defendant was required to pay the “reasonable value of medical (hospital and nursing) care, services and supplies reasonably required and actually given”.  In Howell the court ruled that the defendant need only pay what was paid by the injured parties insurance to the medical provider, regardless of the ‘reasonable value’ of the services.  In other words, the defendant’s insurance company gets the benefit of your monthly insurance premium payments which entitle you to a reduced rate for your medical treatment.  

In short the defendant no longer has to pay the full cost of the harm they caused.  Now, after Howell the bad driver’s insurance carrier gets the benefit of you having paid for your insurance, either through your work or on your own.  Does that seem fair?

The Law Offices of H.K. Graham continue to fight for you and continue to push for the maximum allowable recovery in your case.