Legal Question in Personal Injury in California

If you have been injured and are seeking financial compensation, are you owed only the "out of pocket money" (insurance co-pay) or should you be compensated the complete cost of the ER bills and ambulance transportation (even though ins had covered most of the cost)?


Asked on 5/23/10, 7:47 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Yuo should be able to get all of your medical bills. There are cases that lawyers fight over all the time, including Hanif, Parnell, Olson, and Howell Meats, that can be interpreted differently. Tell the Ins. Co. that the "collateral source" rule allows you to recover all the bills regardless of whether those bills have been paid yet.

Read more
Answered on 5/25/10, 11:43 am
Edward Hoffman Law Offices of Edward A. Hoffman

You are owed the entire amount, but the insurance company is entitled to recover from you the portion it paid.

Things can get complicated if you recover more than you paid out of pocket but less than the total amount of the bills. You should get a lawyer to help you if at all possible.

Read more
Answered on 5/26/10, 5:15 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California