Legal Question in Personal Injury in California

Re: auto accident claim

I see the many attorney's have already answered. I have not read their responses. Bottom line is that you need to go after the drivers insurance. If you want a free consultation give me a call on my cell phone at 818-427-6246.

Norm

Re: auto accident claim

If the owner of the vehicle/driver has uninsured motorist coverage, you should file a claim with that insurance company.

If you would like a free consult, feel free to contact my office.

Re: auto accident claim

Unless you are able to magically recovery your damages from the other uninsured driver, you only remedy is to make a claim on your driver's insurance or your own.

Re: auto accident claim

You are going to have to file a claim with your uninsured motorist carrier (your insurance company). The process is unbelievably complicated, involves mandatory arbitration, and you won't be able to do it without a lawyer. Your insurance company becomes your adversary in many respects. In the meantime, save those medical bills, keep a diary of your pain and suffering, and don't talk to your own insurance company about your claim until you've consulted with and retained an experienced personal injury lawyer who has done UM arbitrations before.

Re: auto accident claim

Your options for recovery are relatively limited. The first place to look is to the at-fault driver and the owner of the vehicle. Any insurance is going to first cover the vehicle. If there is no insurance for the at-fault driver, then you look to see whether the vehicle you were riding in had "uninsured motorist coverage".

This type of coverage covers the occupants when injured by another driver who was uninsured or underinsured.

Another question is whether the driver of the vehicle you were in was liable in any way.

I would be happy to discuss this matter with you.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

Email: [email protected]

Web: www.legalwarriors.com

Re: auto accident claim

File a claim with your insurance co. Also your auto insurance co. and with the your drivers insurance co.

Re: auto accident claim

Check with the driver of your vehicle to see if he or she had uninsured and underinsured motorist protection, if so what limits, and ask also about med pay. With that information, call a discuss the matter with a qualified attorney.

One can't get water from a dry well.

Re: auto accident claim

You should look to your driver's insurance, as well as your own. You should have an attorney.

Joel Selik

800-894-2889

Re: auto accident claim

Hopefully you do not have a serious long lasting injury, because money is a poor substitute for good health. However since it is usually too soon to know how your injury will affect you in the long term I suggest the following things be done:

Take some pictures of the damage to the vehicles and of your injuries. Keep track of the dates you take any pictures. Ask each person in your car to write in their own words how the collision happened and what they observed and keep a copy of what they write for later reference.

Document your medical bills, not just your copay. There may be a reimbursement right to a medical provider. You may also have coverage under one or more auto medical pay coverages. There may be coverage under the owner's medical pay coverage with his auto insurance and you may have coverage under your auto med pay.

Document your time off work and loss of benefits.

The medical bills and your work losses are called economic damages and should be fully covered under the uninsured motorist coverage, 1st on the car you were in at the time of the collision and if you carry higher limits than the car owner or driver, under your own coverage. If the car driver is different than the owner there may be coverage also under the driver's policy. The policies do not get added together, but the highest limits may come into consideration if the injuries are serious enough. You will need to read the policy or take it to an attorney. Many are willing to give you a free consultation.

If the injuries are serious or long lasting, you should be entitled to substantial damages for pain, suffering, inconvenience and other distress. In a small transitory injury case you are entitled to something for these general damages but it is not as serious as when there is a serious injury.

Most insurance companies are not willing to tell you what your rights are and seem most interested in paying as little money as they can to resolve a claim even if it is your own insurance company. Most make no effert to alert you to other coverages or even a possible reimbursement claim. Not all reimbursement claims are valid and should be discussed with an attorney who is knowledgeable about them before resolving them as well.

I hope you recover from your injuries fully. Hope this information helps.

Re: auto accident claim

I know you've already gotten a dozen or more replies but---you don't say if you're the driver or passenger. Basically, you would need uninsured motorist coverage--either on your car or the car you were in. Your case looks complicated and you'd probably need an atty. If you are in or around the Orange County area, call me and I'll be able to help. There are a lot of procudures and requirements. Sam Eagle 714-963-5123.