Legal Question in Personal Injury in California
drunk driver hit me and I have no health insurance
My nephew who is over 18 years old was hit by a minor who was driving drunk. My nephew was not covered by any health insurance and the drunk driver was minimally covered by auto insurance and may not have any assests to pay for my nephews bills. My nephews injuries will cost well over $100,000.00 My nephew was driving a vehicle covered by auto insurance. We have been told by another attorney to try and recover from the drunk drivers auto insurance and underinsured motorist and hope that the hospitals and doctors do not place liens in the meantime. The attorney has indicated that any recovery my nephew gets before any liens are placed will belong to my nephew. This doesn't make sense to me, isn't there some type of lien they can place to get payment for services. My nephew does not own anything ie. he doesn't have assests. My nephew cannot afford to pay his own medical bills and I feel that the drunk driver is responsible. Will the medical providers try to collect from the drunk driver? My nephew has been contacted by an organization who may be able to help with his medical bills if his medical problems qualify under their eligibility rules, but there is no guarantee they will help. What can happen to my nephew?
1 Answer from Attorneys
Re: drunk driver hit me and I have no health insurance
The at fault driver, his parents and the registered owners of the car are liable. The parents and owners are only liable up to $15k each. If any of them has insurance, it will pay up to the policy limits. You also should claim against your own uninsured/underinsured auto insurance. Hope that the limits are above minimums. I tell people to carry the same policy limits on uninsured coverage as they do on liability, for just such situations.
Beyond that, it the defendants don't have insurance or assets to collect against, you will have to look to Medical/Medicare/welfare/etc, or to private charity, or to mercy from the doctors and hospitals. They look only to you, with or without liens.
If there were sufficient insurance on the defendants, then attorneys would be jumping on the case, because it will make money for them. Without insurance or defendants' assets to look to, sorry, there would be no way to make you or the attorney any money. If there is insurance, either on the defendants or reasonable uninsured limits on you, feel free to contact me for help.
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