Legal Question in Civil Litigation in California

Re: Passenger in auto accident

The case is worth whatever the defendant is willing to pay to settle, or what a jury awards. With the facts you gave, it should be worth more than they are offering. So, your option now is to hire an attorney to get full value for you. Contact me if interested.

Re: Passenger in auto accident

I have read Mr. Nelson's answer, and I disagree with him. You have not provided enough information to reach the conclusion he reached. He may turn out to be correct, but there is no way to know without more facts.

What reason did the insurance give for refusing to pay you more? Their reasons may be perfectly valid.

For example, an insurer is only required to pay up to the limits of the insured's policy. If your medical bills are $35,000 and the policy limit is $25,000, the insurance does not have to pay the last $10,000, and will not agree to do so no matter how much you fight them.

Also, the insurer may feel you had some treatments that were unnecessary, or that should have been provided at a lower cost. They don't have to pay for costs you reasonably should not have incurred in the first place.

Another possibility is that the driver has already had claims against his policy. If he originally had a $50,000 policy limit and the insurer already paid $40,000 for a prior accident, that will leave only $10,000 available for you.

There may be other valid reasons why the insurer will not offer more. As I said, I would need to know more facts.

Keep in mind that it is the driver and not the insurer that is ultimately responsible for paying you. If you feel you should receive more you can sue the driver for the entire amount. If you win more than the policy limit, the insurer will pay you that limit (minus any prior sums it paid under the policy) and you will have to try to collect the rest from the driver. This can be a long process and it will only work if the driver has assets from which to pay you.

You should find a personal injury attorney in your local community and speak with her about the specifics of your case in order to get a better sense of where you stand and what your best options may be.

Good luck.

Re: Passenger in auto accident

Please contact an attorney immediately. Generally, if they are willing to settle, insurance companies will low-ball the person who doesn't have an attorney, and you will not get compensated adequately for your pain and suffering. Good luck to you! If you have any questions, feel free to call at (310) 399-2889.

Re: Passenger in auto accident

Retain counsel and sue the driver/company that hit you. Insurance companies will do all they can to avoid payment of a claim and string you along until statute of limitations runs.