Legal Question in Personal Injury in California
I was injured in a motorcycle accident as a passenger in May. My personal medical insurance company paid a portion of the bills and I am responsible for paying the rest. The person I was riding with (who was at fault) has an insurance policy with a $100,000 limit for personal injury claims. When I spoke to the agent for his insurance company, I was told that that the settlement we would eventually make was only for the injury, and any bills I was responsible for, not for any other medical bills. My question is whether I would have to use the money from the settlement to pay back my personal medical insurance company for the bills they covered. The amount of my bills so far exceeds the policy limit of the rider's insurance company. If I do have to reimburse my personal medical insurance company, a large amount will still end up coming out of pocket. At that point, would I have to file a lawsuit against the rider personally to recover the rest of the amount for my bills? Also, if that I do have to pay my medical insurance comapny back, does that mean I will not recover anything for the permanent pain and suffering I will have to endure from this accident? My worry with hiring an attorney is that personal injury lawyers typically keep 40% of whatever the settlement is, and if I'm already having problems having enough money to pay for everything, this will only add more problems.
3 Answers from Attorneys
It's best to call me for a free consultation at 1.877.505.INJURY to discuss all your issues. I promise that you will not get dinged for 40% of your recovery just for a free consultation.
Like I said with your previous e-mail, on a case of this importance, you are doing yourself a disservice if you do not retain a lawyer. You will need help trying to get a settlement beyond the policy limits, which can sometimes be done-- although it's very tricky. Going after the motorist personally is usually a long, drawn-out and unreliable process. A lawyer can also deal with your health carrier to get money in your pocket in a situation like this. Free questions on the internet is no substitute! Again, call me at 877-LION-FOR-LAW
This is a very complicated question. I have had numerous similiar cases. If you are not made whole by the settlement, you can sometimes get the insurance company to waive reimbursement of what they have paid. You need a competent attorney to assist you. Attorney fees can be reduced if settlement is quickly made. You should contact a competent personal injury attorney for a free consultation. I am available should you wish to schedule an appointment. (949) 218-6600 x 101
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