Legal Question in Personal Injury in California

Re: Should I include $5,000 medical auto insurance coverage in settlement with o

Your insurance company will probably want to be repaid and probably have a right to be, check your policy. You can negotiate with them for a lower payback amount. You might want to consider getting an attorney. There are some basic things you do not know that might come back to haunt you, such as this.

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JOEL SELIK

Re: Should I include $5,000 medical auto insurance coverage in settlement with o

Yes, include the $5,000 in medicals paid by your Medical Payments provision of your auto policy. Your policy may require YOU to reimburse your carrier. Some policies do not require reimbursement. The defendant is not entitled to the benefits of your insurance (collateral source rule).

Most very good law firms can file a case within hours. Most very good law firms won't take your case near in time to a statute. With the medical expenses that you are indicating and the statute date, get yourself a persoanl injury law firm (doing personal injury exclusively for at least 15 years) now. The insurance company has you over a barrel and has no incentive to settle with you at this point and you do not even know it. Would you do your own surgery? John Bisnar, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.bestattorney.com, 800-956-0123.

Re: Should I include $5,000 medical auto insurance coverage in settlement with o

You should consult with an attorney before settling directly with the other driver's insurance company. You cannot rely upon the other insurance company to offer you a fair settlement. An attorney is needed to properly evaluate your damages to make sure that the settlement offer is adequate, especially when liability is not disputed. The insurance company is not likely to include any pain and suffering damages in its offer to you, nor is it likely to account for any future medical expenses.

Why do you believe that you have less than a month to settle? The statute of limitations in California is one-year from the date of the accident (unless a public entity is involved, in which case the statute of limitations may be six months or less).

Re: Should I include $5,000 medical auto insurance coverage in settlement with o

Check with an attorney first--you may not be settling for a fair amount. That said, the medical bills will be reimbursed out of your settlement, including the money paid by your insurance company, so keep this in mind when you settle on an amount. An attorney can negotiate with the insurance companies and medical providers to take less in payment, which helps put more money in your pocket.

Regarding the time for a lawyer to file, it doesn't take long to prepare a complaint and file it with the court (can even be done the same day), but don't wait until the last minute or day to file it! The time limits for personal injury are usually one year from the date of the accident, or six months if making a claim against a government entity.

Re: Should I include $5,000 medical auto insurance coverage in settlement with o

Yes. Not only include the $5000.00, but get an attorney ASAP. You are no match for the insurance industry. Your insurance, which paid the 5000, has a lien on your recovery. You have 1 year from the date of the accident in which to file a lawsuit. You should act quickly.

Re: Should I include $5,000 medical auto insurance coverage in settlement with o

I am almost sure that your own auto policy would require you to reimburse the $5000, provided you get paid from a 3rd party. Read your own policy, medical payment section.

If you're resolute on not retaining a lawyer (since you haven't hired one to this point), at least get a consultation regarding the value of your case.

Lastly, make a demand on the other party's carrier with a time limit attached to it. Also, have your complaint prepared so that you can file it as soon as the offer is declined or not paid on time. In California, the Statute of Limitation is ONE year from the date of injury/accident.

If you need assistance with evaluation of your case, you may call (323)782-0099 or e-mail me. There is no charge for valuation of your case.

Good luck!

Armen