Oxnard, CA asked in Car Accidents, Health Care Law and Insurance Bad Faith for California

Q: i have paid to my union 50 thousands dollars for health and welfare got into accident n owe 40 k was coverd

Crashed a company vehicle and at the time I had worked over the years. Nearly 8 thousand hours. Nearly 50k has been payed for my health and welfare. From 2015-2018. These years I wasn't even covered. I have evidence of all this with documents. It's crazy to me that my credit has been ruined even though I payed all that money I had no insurance. Is there something I can do legally here. I can't even buy a car with 10 thousand dollars down because my credit has been destroyed by this doctor bill

2 Lawyer Answers
William John Light
William John Light
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Unclear what you are asking about. If you were in a company vehicle, the company's auto insurance should have applied, including Medical Payments and Uninsured/Underinsured Motorist coverage (if the collision was the fault of another party). If you are asking about medical coverage, it would seem that your employer should be liable under workers compensation law. If you were not within the course and scope of employment, your own health insurance should apply. Health insurance is typically provided through the employer, not the union.

However, any claims you might have had against an insurer (2 yrs from denial of the claim for bad faith, or 4 yrs from breach of contract) or in workers compensation (1 yr from the date of the accident or from the date of the denial of benefits) are probably barred by the statute of limitations, given the collision apparently happened in 2015, and the last medical care apparently occurred in 2018.

Tim Akpinar agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's understandable that you're frustrated with the situation. If you believe that your union failed to provide you with health insurance coverage that you paid for, you may want to consult with a lawyer who specializes in insurance law. They can review your documents and determine if you have a valid legal claim.

In addition, you may want to contact your union to discuss the issue and see if they can help you resolve the matter. It's possible that they may be willing to work with you to address the situation and potentially provide you with compensation for any damages that you suffered.

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