Legal Question in Legal Ethics in California

Insurance Company has failed to pay Economic Damages

I am 66 years old and was severely injured in an automobile accident a couple of years ago.

In April of this year I was awarded �Economic Damages� and �Non-Economic Damages� under my UIM coverage in a binding arbitration, however, the insurance company has failed to pay the �Economic Damages�. Here is the wording from the �Arbitration Award�, verbatim:

ECOMONIC DAMAGE

�Based upon the findings related to the 2006 surgery, I specifically disallow $68,991.53 for the cost of that procedure as it is clearly unrelated to the motor vehicle accident. I find the total remaining economic damage paid by claimant, Medicare, and Blue Cross to be in the amount of $25,000.�

NON-ECONOMIC DAMAGE

�Claimant makes a compelling case for drastic change in his life since the motor vehicle accident. He is unable to sleep for more that brief episodes and his mobility has become limited, restricting him in all activities. In short, his ability to enjoy life has been drastically affected. I find the claimant suffered damages in the amount of $200,000. Respondent is entitled to a credit of $25,000 so the award is $175,000 in �new money�.

On October 1st I wrote a letter to my attorney addressing this issue and requested that he forward copies of it to the insurance company, their attorney and the arbitrator. In part, here is what I asked:

�In addition to my �non-economic damages� of $175,000, he (the arbitrator) states that I suffered �economic damages� in the amount of $25,000, why has State Farm not yet compensated me for that? If I am not to be compensated, then why am I obligated to reimburse Medicare and my other medical insurance providers?�

So far, only the arbitrator has responded, and that was a �non-answer�; here is what he stated:

Dear Mr xxxxx:

�This will serve to acknowledge receipt of your letter of October 6, 2009 and Mr. xxxxxx�s letter of October 1, 2009. I do not have Mr. xxxxxxx�s address.�

�It would be inappropriate for me to respond to Mr. xxxxxxx�s letter as I did not represent him. I have very little specific recollection of the matter as my file was destroyed in June.�

My attorney has already paid my medical providers and never questioned this until I brought it up, and then I had to force the issue. His practice is over two-thirds mediation/arbitration and I would bet the largest chunk is with State Farm.

QUESTION: Am I not being jacked around?

1 Answer from Attorneys

Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California

Looking for something else?