Subrogation in California

Yuke · #1 01-14-2006, 12:04 AM

What is the name of your state? CA

Please confirm my understanding of subrogation and California's policy that an injured party has a right to be made whole first. Here is what I calculate the division of the settlement to be where the attorney charges a 33% fee.

50% injured party
33.3% attorney
16.6% injured party's health insurance company

Thanks in advance,

HomeGuru · #2 01-14-2006, 12:10 AM

Quote:

Originally Posted by Yuke

What is the name of your state? CA

Please confirm my understanding of subrogation and California's policy that an injured party has a right to be made whole first. Here is what I calculate the division of the settlement to be where the attorney charges a 33% fee.

50% injured party
33.3% attorney
16.6% injured party's health insurance company

Thanks in advance,

**A: what are you asking?

Yuke · #3 01-14-2006, 12:15 AM

The split of the settlement money per the common fund rule in California.

Yuke · #4 01-15-2006, 03:10 PM

Another related question would be, in a jurisdiction where there is the rule to make the injured party whole before a medical insurance lien is paid, is it possible for the medical insurance company to not receive any money? I can see this as a possibility if the tortfeasor is underinsured.

Thanks again,

Darla Hood · #5 01-16-2006, 10:35 PM

My response:

Yuke, do you subscribe to the Rutter Practice Guides (preferably on CD)?

IAAL

Yuke · #6 01-17-2006, 12:57 AM

Quote:

Originally Posted by Darla Hood

My response:

Yuke, do you subscribe to the Rutter Practice Guides (preferably on CD)?

IAAL

No, but I see the error of my ways. Hard to transition from one area of law into another. I'll keep reading up on damage calculations. I might as well get the Rutter Guide as well since it would be worth the money I spend.

Thanks!

btw- I've started reading the relevant case law to educate myself. Is it true that the medical insurance could receive no money under the "make whole" rule in California?

Litigation! · #7 01-17-2006, 11:14 AM

Thank you Sucky, but I've been talking to Yuke over the past few years. He knows I can help, and knows my style. There's nothing you can say that will interfere with that fact. Your childishness is noted.

IAAL

Yuke · #8 01-17-2006, 11:38 AM

Quote:

Originally Posted by Litigation!

Thank you Sucky, but I've been talking to Yuke over the past few years. He knows I can help, and knows my style. There's nothing you can say that will interfere with that fact. Your childishness is noted.

IAAL

Thanks for the offer IAAL. I'm still educating myself at the time and may have questions later. I think I will get the Rutter Guide since it seems to be only $350 for the PI section, and it would tax deductible.

Re: Sucky- IAAL has a lot of experience and I appreciate that.

weenor · #9 01-17-2006, 12:00 PM

Quote:

Originally Posted by Yuke

Thanks for the offer IAAL. I'm still educating myself at the time and may have questions later. I think I will get the Rutter Guide since it seems to be only $350 for the PI section, and it would tax deductible.

Re: Sucky- IAAL has a lot of experience and I appreciate that.

Here's a hijack for you guys!! When I actually worked in a "made whole state" (I and my colleagues have succeeded in abrogating such a rule in Alabama) we would determine a rough percentage as to the amount we were short for the client to be made whole and then convince the subrogating insurer to reduce its lien by that amount. Does it work that way in CA? I am just curious to see how ya'll handle that.

Litigation! · #10 01-17-2006, 12:04 PM

Quote:

Originally Posted by weenor

Here's a hijack for you guys!! When I actually worked in a "made whole state" (I and my colleagues have succeeded in abrogating such a rule in Alabama) we would determine a rough percentage as to the amount we were short for the client to be made whole and then convince the subrogating insurer to reduce its lien by that amount. Does it work that way in CA? I am just curious to see how ya'll handle that.

My response:

Somewhat. We have a "common fund" rule, whereby the lien can be reduced by the percentage that the attorney is charging the client. Then, that amount of "savings" is added back into the total settlement amount.

IAAL

weenor · #11 01-17-2006, 02:23 PM

Quote:

Originally Posted by Litigation!

My response:

Somewhat. We have a "common fund" rule, whereby the lien can be reduced by the percentage that the attorney is charging the client. Then, that amount of "savings" is added back into the total settlement amount.

IAAL

Looks like another member of your fan club speaks.

Yah, we have a common fund rule with regard to workers compensation subrogation, but it applies without regard to whether the plaintiff is made whole..its simply the employer provides its share of the cost of recovery.

Litigation! · #12 01-17-2006, 04:10 PM

Quote:

Originally Posted by weenor

Looks like another member of your fan club speaks.

My response:

Yeah, I can see. I come back from vacation, and all of a sudden people with different forum names, whom I've never had contact, are coming out of the woodwork. Apparently, my paralegal REALLY did a "number" while I was away. I can't even log in using my original forum name! Sometimes, life sucks.

IAAL

Yuke · #13 01-17-2006, 04:31 PM

Quote:

Originally Posted by sukharev

Aah, you poor thing, hate to be the bearer of bad news: life will always suck for you...

But, then again, that's what you wanted to get, people wasting their time on responding to your crap

I don't see where all the hate comes from? Is there something particular you'd like to point out? Last time I was on here, IAAL and I disagreed whether a phrase in contract was actual a contract term or a recital, but I didn't take anything negative away from it. It seems like something really bad happened between you and IAAL.

Litigation! · #14 01-17-2006, 04:36 PM

Quote:

Originally Posted by Yuke

I don't see where all the hate comes from? Is there something particular you'd like to point out? Last time I was on here, IAAL and I disagreed whether a phrase in contract was actual a contract term or a recital, but I didn't take anything negative away from it. It seems like something really bad happened between you and IAAL.

My response:

Yuke, I was away on vacation for a lengthy period of time, and while I was away, a Paralegal who resigned just before I got back, had apparently pissed off a lot of people - - this guy being one of them, apparently. Personally, I've never had a dealings with this person, and I'm as much in the dark about the "comments" as you. However, I'm handling the situation.

IAAL

sukharev · #15 01-17-2006, 04:39 PM

Quote:

Originally Posted by Yuke

I don't see where all the hate comes from? Is there something particular you'd like to point out? Last time I was on here, IAAL and I disagreed whether a phrase in contract was actual a contract term or a recital, but I didn't take anything negative away from it. It seems like something really bad happened between you and IAAL.

What happened was IAAL went beserk and started posting racial and insulting comments all over the place. He was banned from the forum, then re-appeared a couple of times under different screen names, just to do the same. Last one he did was to start randomly throwing in posts asking for apology from M A R Y. Hope I stated facts correctly, IAAL