Legal Question in Insurance Law in California

Auto Settlement

I was rear-ended at a stop light and as a precaution all the passengers went to the ER well to make this short two of the passengers required additional medical attention I was one on the two I saw a chiropractor for two months 3 times a week I could not keep this schedule with the DR. so I opted to settle with the insrance company my ER bill was $331.00,ER doctor was $155. and chiropractor was $660. Idont know too much about insurance laws and what I'm intitled to as the claimant how much should I accept from the insurance company,or what percentage of the medical bills should I ask for from the insurance company.I'm still having back pains but can't attend DR. as needed to heal.


Asked on 7/31/00, 10:23 pm

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

Re: Auto Settlement

Any settlement you make with the defendant's insurer

will be FINAL, so you really should know your

present and future medical condition before you

make any decision. If you need money to continue

seeing your doctor, why don't you submit a med-pay

claim with your own insurer. Most auto policies

have this medical payments coverage for $1k to $5k.

You would have this coverge under the vehicle owner's

policy for the car in which you were riding.

You also are entitled to lost wages or any other

losses from the accident - you really should consult

with a lawyer before you do anything final. You may call

me if you want to discuss this.

S. Murray

(818) 501-2277

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Answered on 9/12/00, 8:31 pm
John Hayes The John Hayes Law Offices

Re: Failure to conclude treatment

Failure to continue treatment with your chiropractor may limit your negotiations with the insurance company. From their view point your injuries aren't that bad if you can't take the time to go to the doctor. If you are still in pain I would recommend that you do all you can to continue seeing the chiroprator until he releases you. If you don't you could suffer in the future. At least go back and see him one more time before you settle and find out what your present status is. I would need additional information about the circumstances of the accident and the extent of your injuries before I could give you an estimate of what you should be asking for as far as settlement. If you are interested in a free, no obligation consultation please feel free to contact my office toll free at 877-546-9918. If I don't hear anything I wish you the best of luck and urge you to see your chiropractor to conclude treatment before you settle.

Sincerely,

John Hayes, Esq.

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Answered on 9/12/00, 11:30 pm


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