Legal Question in Personal Injury in California
would first of all like to thank you for your answer to my recent question.
Being an old timer, with my last accident in the 1980s.
At the time having having liability coverage of 15/30 meant that in a single injury or death the insurance co. would pay up to $5,000.00
in medical expenses, and twice that for pain and suffering, of which the attorney would take half, constituting his 33% called for in a standard contract. And the victim would end up with $5,000.00 for his pains.
Recently I was involved in a motor vehicle accident.
Although I have signed a contract, my lawyer is not doing anything for me, hence my previous question to you, about change of attorneys before settlement is reached.
After receipt of your answer I contacted the insurance co. requesting to bypass the attorney, acquiescing to my request they offered to pay my medical expenses of nearly $4800.00, plus only $1000.00 for my pain and suffering, siting changes in the laws concerning settlement with accident victims.
I am discombobulated, please enlighten me a bit about these changes.
My sincere thanks.
4 Answers from Attorneys
These "changes" are called "Bulls**t." The only real changes since the '80's is the way that insurance companies have become more tight-fisted, irrational and all-around difficult. In the "good old day" they would just pay three times the medicals, but now not so much. They look at what juries and judges award, and then they try to save money off of that.
Look, I can tell you that you are doing yourself a HUGE disservice by going around your lawyer and trying to deal with the insurance company directly. Now they probably look at you as a loose cannon, a "problem client" who is not cooperating with his own lawyer. As a result, they are offering you the low end of their valuation on the case, figuring that you probably will take it eventually. You should have either found a new lawyer, or stuck it out with the lawyer you have.
The fact of the matter is that your case has a maximum value of only about $10k. With medical bills under five thousand, cases like yours usually end up in small claims, where the ceiling is only $7500. Unless you have the need for significantly more medical bills in the future, and/or lost wages, I think a final settlement of six grand is very likely.
Ask the insurance company to cite you the "changes in law" (i.e., the code section, case name, regulation, etc) they are referring to. Don't be surprised if they fail to do so, as there is no such change in law that would require them to pay you only $1000 for your pain and suffering.
The insurance company is doing what they have always done, to line their pockets and take advantage of injured victims.
If you feel your lawyer is not doing anything on your case, I suggest you talk to him or even confront with your displeasure. You may not know what your lawyer is doing for you unless you ask. Good luck.
The only change in the law is that if you have no insurance coverage you are not allowed to collect for any pain and suffering, only for property damage and loss of wages.Moreover, you are entitled to loss of use for the reasonable time it would take to repair your vehicle. Normally what occurs with medical bills is that the medical provider agrees to reduce their lien so that they get about 1/3 of the total personal injury recovery [so in a case settling for $6,000, they often will accept $2,000]. You do not say if you have any permanent injuries from the accident or if your own insurance company paid the medical bills [they will reduce their lien; AAA used to waive recovery], etc.
You will get a higher offer with an attorney, even if he/she does not do much work. Speak to your attorney, who will be upset with what you did, to find out why they have not done as much as you want them to. Small cases often are put to the side. Good luck.
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