Legal Question in Insurance Law in California
Auto Accident Compensation
My Girlfriend was in a car accident where an
elderly lady rear-ended her. My girlfriend was about 6 months pregnant at
the time of the accident. The accident caused her to go into pre-term labor.
When we took her to the hospital, they stopped the contractions because it
was way too early to have a healthy child. Her OBGYN put her on bed rest and
she was unable to work for the 3 months leading up to the birth. Because of
the accident, she was having very bad back pains. Her orthopedist told her
that her back would never fully heal, and that it was very possible that she
would need to keep paying to maintain the comfort from the back pain. The
insurance company of the at fault lady is The Hartford. They called us today
and offered us, what I think, is a very low offer. we currently live in
California, USA and that is where the accident occurred. The total amount
that they offered us was $10,800. $2,000 of that being for the lost wages.
and $2,400 of medical bills, My question is this, does that sound like a
reasonable offer? If not, what, in your opinion, is a good offer. and how do
we go about coming to a conclusion with the insurance company?
4 Answers from Attorneys
Re: Auto Accident Compensation
Hire a lawyer and don't talk to the ins co- your case may be very big-watch out for legal time limits
Re: Auto Accident Compensation
Hire a lawyer as others have suggested. Don�t deal directly with the insurance companiy. Let your lawyer do that. Your girlfriend may be entitled to much more than what was offered.
Feel Free to Contact my office.
Re: Auto Accident Compensation
$10,800 is not enough to compensate your girlfriend, but that is not the only factor she needs to consider. The other driver only had a certain amount of coverage, and her insurance company will not pay a penny more than the amount of coverage available no matter how badly your girlfriend was injured.
The minimum amount of insurance a California driver is required to carry is $15,000. Many drivers have only the minimum amount, but many others have more. The limited information you have provided does not indicate what the other driver's policy limits are.
It's possible that the insurer is offering less than the policy limit (whatever it may be) as a negotiating tactic, but it is also possible that a prior accident used up some of the policy and that this is all that remains. Alternatively, it's possible that other people were injured in the accident and that the insurer is offering the rest to them. It's also possible that the driver is from another state where the law allows lesser coverage amounts.
The driver is liable for the full extent of the harm she caused. The insurance company only agreed to pay for a certain amount of liability. If your girlfriend wants more she will have to look to other sources.
Chances are that the driver does not have sufficient assets to pay a large judgment. If someone else owned the car, however, that person may be liable. If there is reason to think a defect in either car contributed to the accident, then your girlfriend may have a case against the manufacterer and/or the mechanics who performed any relevant repairs. Some governmental entity may also be liable if the accident resulted from unreasonably dangerous conditions on the road.
Your girlfriend needs to consult directly with an attorney. She should keep in mind that, in order to accept any money from the other driver's insurance company, she will be expected to release the driver from all liability. She should have a lawyer review her case before she does that lest she damage what might otherwise be good prospects for a recovery.
At the same time, she should also see whether her own auto or medical insurance will pay for any of the harm she has suffered or will suffer. If she was a passenger in the accident, she should make a demand from the driver and his insurer as well.
Good luck.
Re: Auto Accident Compensation
In order to evaluate it you should really talk to a lawyer. There are too many issues to look at to know whether that is good or bad. For instance, how much did she make at work? Is the baby ok? Has she stabilized? Most lawyers who handle this type of case will talk to you for no charge. You can call me if you want to run it by me. Good luck.
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