Legal Question in Personal Injury in California

No but it might affect how much you eventually net from a potential settlement.

You can sue over an injury that was covered by your insurance, but your insurance will be entitled to recover its costs from your judgment. That process is not as straightforward as it might sound, especially if the judgment (after attorney fees and costs) is less than what the insurer paid. It also gets complicated when the defendant pays less than the court orders him to. You should consult with a local attorney about your prospects before you decide what to do.

Good luck.

Whether you have health insurance will, in California, affect how much you can recover for your medical expenses. At this time an injured party can only recover the amount of medical bills paid by anyone, including your health insurance. You cannot recover for the amount billed, only the amount of that bill that was actually paid. Any amounts paid by you yourself can also be recovered.

Your health insurance company then has a right to recover from your settlement or verdict the amounts it paid, although your lawyer can often negotiate a reduction of this reimbursement.

Hope this helps.

James Geagan

Law Offices of James Geagan

846 Broadway

Sonoma, California 95476