Legal Question in Insurance Law in California
I was rear ended a few weeks ago and my father who was my passenger at the time fractured his arm and ended in the hospital that same day. As of now the other party's insurance is sending a check to cover my cars damage but have stated on multiple occasions that they would not cover his medical bills. My full coverage insurance apparently doesn't either. I haven't verbally or signed anything off stating this claim to be closed just because a check is on its way. I also don't believe its fair that because of their negligence we we are now possibly stuck with the emergency room bills. If I hire a lawyer will it make a Difference? This happened in the state of CA.
3 Answers from Attorneys
Hello:
I am so sorry for the accident and the difficulties with insurance. Does your policy provide "med pay" coverage? Usually there is at least $5,000 in med pay which would be available for your father's hospital bills.
In addition, the other party's insurance, having admitted liability when it paid for your vehicle damage, is responsible for the emergency room bills.
I practice insurance law throughout the State of California and would be willing to help you with this for a flat fee.
There are four possible sources of payment for all medical bills.
First, the other party is liable for all damages both of your suffered. These damages include all medical bills, lost earnings and pain and suffering. The person who rear ended you is responsible and his;/her/its insurance company will pay for these. If that insurer denied any responsibility for medical bills, it will greatly help you to get an attorney. The cost will probably
be on a contingency percentage of what is recovered from the liable party's insurer. This is how those bills get paid, out of the proceeds of a settlement. Emergency rooms will take a lien on the recovery and wait to get paid.
Second, look at your own insurance policy and see if you have a "medical payments" coverage. If so, it may pay for any medical bills for someone in your vehicle. You have to look at the exact wording of the policy, but a lawyer can do that for you also.
Third, your father may have his own auto insurance policy and if he has "medical payments" coverage, it might cover him. Same need to look at the policy's wording.
Fourth, see if your father has his own medical insurance, individual, through work or maybe medicare.
Good luck.
Did the insurance company explain their reason for the refusal? I handle personal injury but I did claims for msny years befoe practicing law and I was the national claims training administrator for one of the top three carriers in the country. This is just plain wrong. The other driver's carrier is playing games with you. My best advice is to seek out legal representation to protect your rights andvthatof your dad. Some carriers have no respect for claimants and just care about their own wallets. I hope this helps.