Legal Question in Personal Injury in California

Re: Compensation for pain and suffering resulting from car injury

YOU ARE GENERALLY CORRECT IN YOUR STATEMENT. BECAUSE THERE WAS NO INSURANCE YOU ARE ENTITLED TO ECONOMIC LOSSES ONLY (REPAYMENT OF MEDICAL BILLS ETC.). YOU ARE NOT ENTITLED TO PAIN AND SUFFERING DAMAGES. ALSO, IT IS YOUR OBLIGATION TO REPAY YOUR MEDICAL BILLS. THE ADVERSE PARTY WHO CAUSED THE ACCIDENT OR HIS INSURANCE COMPANY WILL DEAL WITH YOU DIRECTLY. FINALLY, YOU HAVE ONE YEAR FROM THE DATE OF THE ACCIDENT TO FILE A LAWSUIT. PLEASE CALL ME IF YOU DESIRE FURTHER INFORMATION.

Re: Compensation for pain and suffering resulting from car injury

You are correct, and because of the lack of insurance you can not claim anything other then actual damages for costs incurred or to be incurred in the future. It is because of the future medical billing issues that you should consult with an attorney. Please call for additional help.

Re: Compensation for pain and suffering resulting from car injury

Under the new law, an uninsured driver is only entitled to actual damages. This means that your husband is only entitled to reimbursement of his medical bills, lost wages, estimated future lost wages. If you had medical insurance that paid for his medical expenses you have to reimburse them when you settle the case. Your only hope of seeing any money from this is to get your medical insurance to reduce the amount owed them. If you hired an attorney the medical insurance company is required by law to reduce by one third to account for attorneys fees. You may want to hire an attorney to represent your husband in this matter. An attorney can help you determine the amount owed the medical insurance and negotiate with them to reduce by more than a third. Also, if you hire an attorney they can help you find every possible penny that you are entitled to reimbursement for. The more money you can account for the more money you can put in your pocket. At this point, your husband is not entitled to pain and suffering or any type of compensatory damages if he was unisured at the time of the accident. Let me ask you this, did you receive a letter from your insurance company stating that your policy had been canceled? Even if you lapsed on a payment, you still may have been insured since the insurance company is required to send you a letter stating you missed a payment and your coverage will cease in a certain amount of days unless the dues are paid. If the accident occurred within this amount of time your husband may still have been covered. Don't loose hope. Please contact my office toll free at 877-546-9918 so we can discuss this case. I think I can help you get some money in your pocket. I just settled a case where my client was uninsured and ended up putting a little bit of money in her pocket even though when I took the case I didn't think she would get a dime. Don't worry about my fees either, I get paid at the conclusion of the case and if all else fails you don't have to worry about paying me out of your pocket. I look forward to hearing from you. If I don't, I strongly urge you to consult with an attorney before signing any papers or settling the case.

Sincerely,

John Hayes, Esq.

Re: Compensation for pain and suffering resulting from car injury

You are right regarding California State Law. A driver, not carrying auto liabilty insurance at the time of an accident, is only entitled to actual expenses and no compensation for pain and suffering.

You should consult a personal injury specialist however. How much your past and future expenses are is a matter that you want independant advise on rather than taking the word of the insurance company adjuster.

Please consult a professional personal injury attorney to assist you with this. There are strict time limitations on matters like this. Counsult a specialist as soon as possible.

John Bisnar, Senior Partner

Bisnar & Chase, Personal Injury Attorneys & Conselors at Law

www.serious-injury-law.com

email [email protected]

800-956-0123