Legal Question in Personal Injury in California
car accident
I was in a 6 car accident about four months ago. I was the only one who was the most seriously injured and had to be taken away in an ambulance. the person who rear ended me was and takes 100% fault and is insured. At that time I only had comp and collision and no liability insurance. Her insurance company says that they will only pay out $5000, which will be divided up between three people. My car was a total loss and I will not be recieving enough to cover my loss. Is there anything I can do or go after besides property damage, even if i at that time did not have liability?
5 Answers from Attorneys
Re: car accident
Your problem is that you will probably be sued too, assuming you hit the car in front of you.
Re: car accident
If you had car insurance, it seems that liability insurance would be a necessary component, so I'm not sure you were "uninsured." Talk to a personal injury attorney about the coverage and make sure the insurance company is being fair and honest with you. Even if you weren't insured, the other driver's policy should be paying for your out-of-pocket damages, like car damage and medical bills--sounds like they're trying to get away with paying less than they have to.
Re: car accident
You should talk to a lawyer ASAP!!!
Re: car accident
No. You are out of luck.
Re: car accident
I presume you were a driver in this six car accident and not a passenger. As a driver and without liability insurance, you are only entitled to collect your medical bills, wage loss and property damage. There is no money for pain and suffering or any other injury - related disability. The coverages for property damage and bodily injury are separate on the other driver's insurance.
You indicate that $5,000 is to be divided up between three people. Is that the total number of people including you that were injured in this accident? The amount of $5,000 doesn't make much sense. Even if the other driver only had minimal limits, there would be up to $15,000 per person and $30,000 for everyone which could be divided between the three injured people. As stated, your property damage which was a total loss would be paid from separate money that is not a part of the $15,000/$30,000 for bodily injury.
Your question does not give me enough information to give you a specific answer. I would need to know more about the accident, more about the insurance limits of the responsible driver and what your total bodily injury damages are. It may be necessary for you to have a consultation with a personal injury attorney in your area.
If you are in the Orange County area, I would be glad to give you that consultation and clarify your situation.
Yours truly,
SAM M. EAGLE, ATTORNEY AT LAW
10101 SLATER AVENUE, #218
FOUNTAIN VALLEY, CA 92708
TELEPHONE: 714- 963-5123
FACSIMILE: 714- 964-9993
WEB ADDRESS: WWW.EAGLELAW007.COM
E-MAIL: [email protected]
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