Legal Question in Personal Injury in California

Insured does not have enough coverage to pay my medical bills

I was involved in an accident on my motorcycle. Multiple leg fractures,

broken finger, etc. for me. Driver has admitted liability. Got bummer

letter yesterday advising of only $15K max coverage. I have no extra

coverage on my own policy that will help. Driver was not the policy holder.

Insurance company can keep their $15k, I want to sue anyway even if it

forces a BK. Who can I sue, the driver, the insured, or both? Hospital is

going to get the $15000.00 anyway.


Asked on 8/30/00, 3:22 am

4 Answers from Attorneys

John Bisnar Bisnar & Chase, LLP

Re: Insured does not have enough coverage to pay my medical bills

Your request for information doesn't answer all the questions I would like to know. A few years ago I represented a rider in the same situation, with nearly the same injury. He was represented by a nationally known motorcycle attorney who recommended taking the $15,000. After my investigation, I determined that there were other responsible parties that the first attorney didn't see. Net result, $1.2 Million recovery in addition to the $300,000 in medical expenses being paid. Only after a discussion with you and a complete investigation could I determine if the same could be done for you. You have nothing to lose by calling me. John Bisnar, (800) 956-0123. Reference to other rider upon request.

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Answered on 9/26/00, 5:51 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Insured does not have enough coverage to pay my medical bills

I am a rider myself and 1st Officer of The Southern Cruisers http://www.etronmall.com/lachapter I handle motorcycle cases. If you are located in Southern California call me for a free consultation.

Norman Gregory Fernandez, Esq.

www.norman-law.com

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Answered on 8/30/00, 5:03 am
Jeffrey Zinder Zinder & Koch

Re: Insured does not have enough coverage to pay my medical bills

As a rider myself I feel very sorry for your situation. You can pursue the owner of the car as well as the driver. The problem is not liability but potential recovery. I reprensent riders and would be happy to talk with you. You may cobatct me at 818-760-0100 at ext. 101.

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Answered on 8/30/00, 10:13 am

Re: Insured does not have enough coverage to pay my medical bills

As you can tell from the previous responses, you can go after the negligent driver. If there was alcohol/drugs involved there is the possibility of the driver not being able to discharge the debt in bankruptcy.

If you settle with the insurance company for the other driver they will likely have you sign a release so that you cannot go after the driver. Thus, seriously consider before signing any release.

I would be happy to discuss this matter with you.

J. Caleb Donner

www.donnerlaw.com

[email protected]

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Answered on 8/30/00, 12:43 pm


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