Who should pay the penalty? (California)

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Who should pay the penalty? (California)

Postby Luckyazkd9 on Fri Jun 28, 2019 9:30 am

Submitted Medical Mileage claims for a period of one year were not paid. It turned out a new clerk at the Defense's firm just filed each claim received. My question is, since the claims were not paid within the sixty day period who is responsible for the penalty payment? The Defense firm or the third party admin.? I did receive payment of under $5,000 but it did not include a penalty amount. New AA told me the law changed and did not want to take any action. Since they, Defense and third party seize any opportunity to not approve or pay why can I be a pain to them?
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Re: Who should pay the penalty? (California) (California) (Calif

Postby Barney5 on Sat Jun 29, 2019 9:31 pm

In my opinion the insurance carrier should have paid you a 10% self imposed penalty (unless that rule changed). Did your attorney request 10% self imposed penalty? Since you are represented and AA will not go to court on the issue any penalty above that (5814) has to be determined by a judge will not happen. I don't see a lot of attorney's going to court on penalty's anymore as it is not worth it to them.
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