Legal Question in Personal Injury in California
Auto Accident - Medicals Exceed Policy Limit
I was involved in an auto accident wherein I was driving a borrowed motorcycle. A woman in an automobile turned in front of me causing me to hit the rear end of her car in an intersection. I had serious bodily injuries, including a collapsed lung and ruptured kidney. I spent 3 days in a trauma ward and a total of 7 days in the hospital. The accident occurred in August, 1999. I have completed treatment. I am not aware of any continuing medical problems due to the accident.
The other driver's insurance co. accepted liability. Their driver was cited for an unlawful turn. I recently found out that my meds exceed $37K and that the driver's policy limit (per her agent) is $30K. I have reason to believe that because the car was old and the other driver lives in a low income area that the other driver may not have significant resources.
I found out after the accident that my friend's motorcycle was not insured at the time of the accident, although I thought it was. I carried auto insurance of my own, but only liability.
Question: Do I simply make a demand for the policy limit and negotiate with the hospital or do I hire an attorney and sue someone who most likely has limited resources.
1 Answer from Attorneys
Re: Auto Accident - Medicals Exceed Policy Limit
It sounds like you know what you are doing. You are lucky that she had a $30k policy and not a $15k policy like most people. Even if she has significant resources it is near impossible to get money from a private individual. Most of the time a hospital will reduce their bills when there is a limited policy. If you had medical insurance than they are required to reduce by a third if you hire an attorney. That is one of the benefits of hiring an attorney. Hospitals are not required to reduce if you hire an attorney, but an attorney can usually get them to reduce by a third just so the hospital can get paid. However, before you settle ask for a copy of her policy to confirm that the limits are $30k. Also confirm that your friend was unisured. It is illegal to own an unisured vehicle and your friend maybe trying to keep his rates down. If you would like to speak with me regarding confirming policy limits and reducing your bills, I can be reached at 877-546-9918. The call and consultation are free. Good luck if I don't hear from you.
Sincerely,
John Hayes, Esq.
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