Legal Question in Personal Injury in California
I was hit by a driver who ran a red light while looking down at his cell phone/ gps. I have a neck injury that requires surgery. Currently, I do not have health insur. that will cover the cost. The other driver has $15,000 insurance. I was driving a friends car-her insurance covers $25,000. I was told I could get the 15K. The other insurance would deduct 15K from 25K leaving me another 10K. However, once all the bills get paid I will most likely be left in debt and still needing the surgery at some point. Is that how it works? I get what the insured was insured for and I'm on the hook for cost over that amount?
2 Answers from Attorneys
The other driver is responsible for the full amount, regardless of how much his insurer will pay toward that liability. But drivers who carry only $15,000 of insurance (the legal minimum in California) usually don't have substantial income or assets. If he can't afford to pay more, the fact that he's responsible for the additional cost will not help you much.
You may want to get a lawyer to help you decide whether to pursue the driver for the excess and/or to help you negotiate your medical bills.
One more point: your own auto insurance may very well help you pay these bills. You say you have no applicable medical insurance, which suggests you may not have asked your auto insurer to get involved.
Good luck.
Your situation needs some exploration before you settle.Mr.Hoffman is right but it is not difficult these days to find out more about the other drivers financial situation.I see by your zip code that you are in Sacramento near CSUS.My office is in midtown.If you would like to discuss this at no charge call me at 916-448-8831
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