Been trying to get EDR data on an uber case we have since September. Two compels granted. last night some associate emailed and said the car was sold. I said we’re going to need a copy of bill of sale showing when it was sold and if it was after September that’s a big problem The partner responds that at worst it’ll be an instruction that’ll have no bearing on the case I suppose that’s one way to look at it!
we just signed up a pedestrian case that another firm dropped. i talked to an assistant there, who is maybe the dumbest person i've ever encountered in this profession. she could barely string two words together, but i guess they dropped her because the adjuster told her that the insured has 30 days to contact them about a claim and the deadline was march 20th and they didn't want to mess with it. there is a police report that puts the car at fault ummm what?
dealing with a similar thing on the defense side. sent a November 2024 letter to counsel requesting, among other things, he preserve his clients vehicle for inspection. Prior to that, we received a preservation letter from counsel's office. We immediately worked with our expert to preserve our client's tractor and trailer before repairs were performed. In mid-December, I get an email from an assistant at claimant's counsel saying she'd assist with inspecting claimant's vehicle. I immediately respond. Weeks later (early January), I am told the vehicle has been sold and salvaged. I get the info of the salvage company. They say the car was sold on 12/31. So now I am trying to confirm when they took possession from the claimant. If it is anytime in December (after our preservation letter), I will be raising hell.
guy hit me up last year asking me to try his case on like a weeks notice. the file was a total fucking mess so i couldn't help him. i just looked him up on the district clerks website he has like 12 cases where he filed on the date the statute ran and never tried to get the people served. he might be mildly fucked.
A lot of times, the claimant never actually controls the car after the wreck. They make their PD claim and their carrier totals it, takes possession and title, and sells it for salvage. I always send preservation letters to my client’s own carrier and the tow yard.
Have an SGAL that is scrutinizing a $22K minor settlement like it's an international treatise. At 11:30 last night, he sent me this: “Please tell me legal analysis of why a minor owes any subro. [The minor] didn't incur medical bills, they were the financial obligation of her parents, and her parent's insurers. [The minor] is incompetent to have contracted with any provider or insurer.” Buddy, go fuck yourself.
Some GAL are the absolute worst. We had one hold up a $1.3m total settlement because the minor was only getting $50k on $8k in medical bills and both adults got surgery he thought she should be getting her college paid for from the settlement even though she was 100% better in 6 weeks settled at mediation in June and minor settlement hearing was the following march
My response was pretty snarky, but I've had an annoying morning Spoiler While I appreciate the thoroughness of your review, I fear that it is becoming a bit much at this point. Could you please advise whether you have reached out to [Mom] and scheduled an interview? ... Regarding your last question, “telling you legal analysis of why a minor owes any subro,” have you successfully argued this point before? If so, please provide some caselaw/SGAL orders/analysis showing that Washington Judges have found minors are not required to repay subrogation payments. If you have any evidence that will upend the Defense bar and fundamentally change subrogation interests in Washington, I’m all ears. In 13 years of practice, I’ve never seen such a point made. Moreover, I don’t believe a minor’s settlement of $22,000 – with minimal treatment, minimal billing and minimal subrogation interest – is the appropriate setting to make such an argument. I disagree with using [the minor] (and by extension, [Mom]) as a test case for some novel legal theory. [The minor] did incur bills, regardless of whether she was a signatory on the insurance contract signed by her parents. It is pattern and practice not just in Washington, but as far as I know in the nation, that all Parties are obligated to repay medical bills from settlements reached on the basis of said medical bills. If you want to argue in your SGAL report that [the Minor] should not be obligated to repay any of her medical bills, that is your decision. I will not make that argument to the Court because I do not believe it has merit. I will similarly not be providing any legal analysis because I do not believe any valid analysis exists to make said point. Costs are attached. To the extent you could expedite your report, it would be much appreciated. Let me know if you want to jump on a call.
if he keeps it up set a status conference with the judge so you can let them know he's holding everything up.
There's actually a decent amount of case law here in MS that at least for minors , health insurance subro is fucked. If it's ERISA and insurance funded , they are fucked. If it's fully funded but they didn't get their subro claim approved ahead of time they are fucked. The constitution gives the states authority to deal with minors and family matters. Thus state law > federal law as to minors. Thus state law made whole >ERISA. So if they don't come get their lien perfected then they are fucked. Only health insurance liens that can survive it for the most part are medicaid, medicare, tricare, VA. Non ERISA non statutory is ultra fucked.