Legal Question in Personal Injury in California

Your own ins. co. will only subrogate property damage. If you were injured, you should get an attorney.

Your insurance company would handle the subrogation claim for you if you had purchased medical payment insurance. This service is part of what the additional premium would have covered. Since you didn't pay for it, the insurer won't provide it.

This does not affect your rights against the other drivers, or against anyone else who might be liable for the accident. It just means the insurance company won't handle those claims for you.

Good luck.

It is doubtful that the 3rd party insurance company would pay your past, present and/or future medical bills, unless the insurance company and you were in a position to settle your entire case regarding all damages, including wage loss, future earnings' impairment, pain and suffering and other damages. Your idea of the value of the case and the insurance company's value of it will likely be extremely disparate.

The 3rd party insurance company works to minimize the amount they pay out and typically argues that your medical care is too lengthy and too expensive, so they will only offer a fraction of what you need to pay your medical bills. Attorneys in the field know how to maximize the value of your case. You should certainly consult an attorney regarding this matter and I would happy to give you free advice about it. You can speak with me at (877) 236-4536.

Sincerely,

Ben Glen

Please get a lawyer. Essentially you will have to negotiate with the other side's insurance company. They will never offer you the amount they would if you had an attorney. NEVER. Why would they - if you haven't been to law school you probably don't know about incidental, consequential and special damages. You probably don't know how to adequately value your case. You are probably not prepared to honestly threaten them with trial.

If you want, you can reach me at 323.540.4633. You don't have to pay anything out of your own pocket.

Misty