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.

Nytro Women's Racing Team 06/06/2018

Bicyclists Guide to Hiring an Injury Lawyer PART 3 OF 3 05/30/2018

Bicyclist guide to hiring an injury lawyer (Part 2 of 3) 05/23/2018

Bicyclist's Guide to Hiring an Injury Lawyer, Part 1 05/16/2018

Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2 05/09/2018

Why It Makes Dollars and Sense to Hire a Lawyer Fast (Part 1 of 2) 04/25/2018

California Legal Ethics 04/11/2018

Valuing the Loss of a Bicycling Lifestyle Part 2 04/02/2018

Valuing the Loss of a Bicycling Lifestyle Part 1 03/21/2018

Bicycle Store Test Ride Agreement 11/08/2017

Fairly Defining the Legal Risk of Bicycling 11/01/2017

When is a turning movement Illegal 09/20/2017

Night Riders and Commuters 09/13/2017

Recovering Damages for Veterans -- the Benefit of Sports for Our Military 09/06/2017

The Bicyclist Juror 08/30/2017

DMV Justice 08/23/2017

Paying your medical bills 08/16/2017

Paying your medical bills 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: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5621143

Negotiating medical bills 08/09/2017

Negotiating medical bills 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: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5619171

Getting your fair share of the settlement 08/02/2017

Getting your fair share of the settlement 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: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5523285

The Black Cyclone with Nelson Vails and John Howard 07/26/2017

The Black Cyclone with Nelson Vails and John Howard In today’s podcast, Richard L. Duquette interviews the Olympians Nelson Vails and John Howard in the show, “The Black Cyclone.” The Black Cyclone This is a movie based on the book John Howard has written. The book was based on Marshall “Major” Taylor, born in 1878 in Indiana, and in 1899 won the World Track Championships in Montreal Quebec, Canada. Major Taylor was the first black world champion of any major sport. Major Taylor was a trendsetter, an icon, and a forgotten American hero. Nelson Vails and John Howard Richard has a picture of Nelson hanging in his hall of fame. Nelson’s nickname is “The Cheetah.” He won silver in the 84 Olympics in LA. Nelson is the first African American Bicyclist to win an Olympic Medal. Nelson came into the profession about 100 years after Major Taylor. John Howard has been featured on the show before (EP 001 & 002). Listeners are encouraged to go back to those episodes to learn more about his work with Project Speed and fame in breaking the land speed record on a bicycle. Interesting Facts about Major Taylor During Major Taylor’s life a bicycle would be as valuable as a automobile. He was given his first bicycle from a wealthy railroad man in Indiana, who ended up adopting Taylor. Not only could Taylor ride a bicycle well, he was adept at playing the piano and performing card tricks. Despite the hardship and oppression he endured throughout his career he became a national champion in 1897 and a world champion in 1899. Not only did he experience prejudice because of his race, but he refused to race on Sundays because of his faith. This earned him ridicule and Taylor lost out on incredible amounts of racing prize money. To hear more about The Black Cyclone, 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: Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5574209

Why do trucks and bikes collide? 07/19/2017

Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist 07/12/2017

Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist What do you do when you get into an accident with an uninsured or underinsured motorist? Many times the bad guy in such cases doesn't have enough insurance to cover for the damages. Tune in to understand how you can proceed with your case! Uninsured Motorist vs Underinsured Motorist There is a big difference between the uninsured and the underinsured motorists. An uninsured motorist is the bad guy without insurance. An underinsured motorist, on the other hand, is the bad guy who doesn't have enough insurance. In these cases, it is natural to expect that your motorist provision and auto policy will make up for the damages. Having Enough Insurance Richard previously wrote an article about this. He emphasizes on the need to obtain strong insurance coverage. You can read the article on his website. Generally if your auto policy does not step in, you make sure to get enough insurance. Many times people are eligible in an umbrella coverage. A Lawyer to Help You in Pitfalls Such cases have a lot of pitfalls. Having a good lawyer would be very helpful. The first pitfall is the insurance limit on the bad guy's account. It is important to exhaust the underlying policy to "trigger" the larger one. If you fail to exhaust it completely, you may be precluded from receiving the larger uninsured or underinsured policy. This includes workers' compensation, issues, and pending claims. Here’s a list of references for this issue: California Civil Procedure §998 To hear about how Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist, 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: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5520064

Recording Your Ride: Evidence and Liability Part 2 07/05/2017

Recording Your Ride: Evidence and Liability Part 2 Bicycling and the Law Richard L. Duquette EP56 Recording Your Ride: Evidence and Liability Part 2 In this episode titled Recording Your Ride: Evidence and Liability Part 2, Richard Duquette focuses on police officers. Bicyclists typically get in touch with the police when they get into an accident. At other times, it could be the police themselves who call these bicyclists on a halt for committing traffic violations or when trespassing a property. But, how far can a bicyclist record his experiences? Tune in! Issues in the Open Space People enjoy the open spaces. They can also ride their mountain bikes in specific locations without interfering anything. However with all the politics and changes, such open spaces can be affected. It can cause issues involving interactions with the police. Recording Police Officers At present, one of the hottest topics is the public’s right to record police officers and their duties. A number of states, including California, support it and have made it legal. It is the duty of police officers to serve the government. The law, however, has limitations on where individuals can take footage of them. The recording must be done in a public place or someplace that they have a right to be in, and the act itself must not violate any statute. The Importance of Collaboration There are a lot of cool technology nowadays that can be used to document police officers. But in any case, it is important to work with the police as much as possible. Here’s a list of references for this issue: To hear about how Recording Your Ride: Evidence and Liability Part 2, 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: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5483171

Recording Your Ride: Evidence and Liability Part 1 06/28/2017

Recording Your Ride: Evidence and Liability Part 1 Bicycling and the Law Richard L. Duquette EP55 Recording Your Ride: Evidence and Liability Part 1 Video evidence can help resolve cases. Through videos, bicyclists can present helpful information as to when, where, and what happened. But, what does the California law say about it? Tune in to this episode titled Recording Your Ride: Evidence and Liability Part 1! Recording Moments The Bank of America recently had to settle a call suit amounting to 2 million USD. They failed to properly warn the people of their service to record phone calls automatically. In the end, they agreed to pay for the civil penalties and the investigation costs. Similarly, bicyclists can be at risk of invading privacy. Recording your rides opens up to exciting opportunities, but it can also provide helpful information regarding an accident. A Case in Point Richard was recently in a parking lot where another vehicle backed up and damaged his car. He was lucky enough to have his iPhone at hand. Through his phone, he got some clear shots on the location and the different angles of the scene. The driver at fault apparently was inattentive. The documentation helped resolve his case with the insurance adjuster. California Invasion of Privacy The State of California differs from the other states in that it requires all parties to a conversation to provide their consent when making a recorded call. Without everyone’s consent, a person or organization can suffer both criminal and civil penalties. Here’s a list of references for this issue: To hear about how Recording Your Ride: Evidence and Liability Part 1, 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: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5483148

Bicyclists Can Recover Justice 06/21/2017

Bicyclists Can Recover Justice On today’s episode, Richard Duquette discusses how bicyclists can recover justice. This primarily concerns issues involving uninsured or underinsured motorists. Tune in and learn how you can proceed with your case! Dealing with Insurance Coverage An uninsured motorist is someone without an insurance, while the underinsured is someone who has a limited insurance coverage. If these bad guys hit you, the good thing is your auto policy can make up for it. Take for example if the bad guy only has $15,000 in his insurance, but the damage costs $100,000. You can get the $15,000. To make up for it, the underinsured can get the $85,000 balance from his own strong insurance policy. Supplementary Podcast Episodes Richard previously wrote about the need to obtain strong insurance coverage. You can check podcast Episode 25, “Cyclists Don’t Skip Insurance” and another episode titled “Shopping for an Umbrella Policy.” The episodes provide preliminary information about uninsured and underinsured coverage. You can also find a general outline of different insurance agencies. If you didn’t know, the Umbrella Policy is among the best financial planning tools. It can help protect you. i.e. if you don’t have health insurance, or for lost wages, or disfigurement. A Recent Case Richard recently won a case for a Major in the Marines. The bad guy only had $50,000 in his insurance. However, the damages exceeded it. They ended up with $369,000 through the uninsured and underinsured motorist policy provision. That means you can get justice from your auto policy. To hear about how Bicyclists Can Recover Justice, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you! Connect with Richard L. Duquette at the following links: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5379940

Made in the USA Part 2 06/14/2017

Made in the USA Part 1 06/07/2017

Corporate Culture and Bicyclist Part 3 05/31/2017

Corporate Culture and Bicyclist Part 2 05/24/2017

Plaintiffs attorneys and reforming corporate culture 05/17/2017

Plaintiffs attorneys and reforming corporate culture On today’s episode, Richard Duquette shares some classic insights about Plaintiff's Attorneys and Reforming Corporate Culture. Society typically sees plaintiff’s attorneys as people who are just after money. This idea, however, is not necessarily true. Tune in to learn about what these attorneys do and how they can bring about change in the corporate world! The Need for Plaintiff’s Attorneys Honest corporate profitability drives the American economy. But, once in awhile, corporations have business practices that are sharp for Americans. One example is when Volkswagen programmed 600,000 vehicles in the city for environmental protection agencies. Another example is when Wells Fargo created millions of unauthorized bank accounts and credit cards secretly. Such cases call for plaintiff’s attorneys. Plaintiff’s Attorneys and Insurers Plaintiff’s attorneys look after rude corporations. They help level the playing field for the common people. Some of the things they do is deter the sharp practices. They have a unique work relationship with insurers. Sometimes they’re together, and sometimes they go against each other. The good thing about insurers is they want to prevent liability to invest in safety and research. Promotion of Safety and Accountability The attorneys promote safety and accountability by filing lawsuits and sometimes class actions. The insurers don’t usually earn big amounts in these situations. Overall, both insurers and plaintiff’s attorneys are set to deter misfortune and bad acts. To hear about Plaintiff's Attorneys and Reforming Corporate Culture, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you! Connect with Richard L. Duquette at the following links: Email Richard Call Richard: 760-730-0500 © 2016 Law Firm of Richard L. Duquette /episode/index/show/bicycling-and-the-law/id/5299640

Bicycling and the Law - 911Law.com

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