Legal Question in Personal Injury in California
Which insurance is liable
I was in an auto accident where I was a passenger in a car that was rear-ended by other. The other person was deemed at fault. The insurance company of the person who was driving the car I was in has paid for all my medical bills. I am now being contacted by the ''at fault'' driver's insurance, asking for all my medical bills related to the claim to settle it. If the medical bills are included in a settlement offer am I responsible to pay back the medical costs to the insurance company of the driver of the car I was riding in. I wasn't sure which insurance company was liable to me since I was a passenger.
3 Answers from Attorneys
Re: Which insurance is liable
You need to keep your vehicles and drivers separate. As to the car you were in, you were problably paid under the driver's Med Pay coverage. Frequently, if you collect also from the "at fault" ins. co, you may have to pay that back to the ins. co. of the car you were in. But you don't always have to pay it back 100% if you have an attorney. You may also have coverage options under your own policy if you have ins on your own vehicle. If you have decent medical bills and wage loss, you might want help in putting that together for the at fault company. If you are in the Orange County area and would like a free consult and review, please call me.
Re: Which insurance is liable
you cannot obtain a double recovery, but you are entitled to more than just your medical bills as "general damages" or pain and suffering, as it is commonly known. please feel free to call to discuss. you should speak with a lawyer, and probably be represented by some attorney.
Daniel J. King
LAW OFFICES OF DANIEL J. KING
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Woodland Hills, California 91367
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Re: Which insurance is liable
The ins. co for your car which paid your medical bills will go after you for the money they paid, or will take it from the "at fault party". You need an agressive attorney to negotiate with both insurance companies because none of them care about you or your injuries. Feel free to contact me. Thanks for your question and good luck.