Legal Question in Personal Injury in California
Multi-car pile up on I-80, Extent of insurers liability for injuries.
April 2001 I was a visitor to California and a passenger in my nephew's car. We were in a freak hail storm and the 18th car of a 19 car pile up.
The insurance company for my nephew said he only carried $3,000. per person medical and I would have to decide who I wanted to pay it to!! I was taken to ER and in a trauma unit for three days. Also I have a fractured arm not yet even set, so who knows if long term problems. I need to know how I should proceed with this. How I find an attorney there and if I file suit will they, being the insurer, be liable for more to make up for material losses. medical exceeding $3,000. and pain & suffering???
5 Answers from Attorneys
Re: Multi-car pile up on I-80, Extent of insurers liability for injuries.
How to find an attorney...in my opinion you want someone who is an expert in complex auto collision matters, has been practicing personal injury law exclusively for at least 10 - 15 years, has a success record, has the financial strength to advance all necessary costs of your case and has a litigation team that lives to try cases when a trial is necessary. You can find such attorneys through personal referrals and/or internet searches.
The party who is responsible for your injuries will be responsible to you for all of your medical expenses, past and future, your lost income, past and future, any other monetary loss reasonably associated with the accident, pain & suffering, loss of enjoyment of life and any disability you suffer from or will suffer from as a result of the accident.
Keep in mind there are very strict time limits within which claims must be pursued. Failure to comply with time and procedural rules will result in the loss of all rights.
My firm is interested in representing you in this matter and yes we fit all the criteria listed above. Call at your earliest opportunity, we are available from 8:30 am to 10:00 pm.
John Bisnar, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, 800-956-0123, www.bestattorney.com, www.aboutdogbites.com, www.seatbeltlaw.com.
Re: Multi-car pile up on I-80, Extent of insurers liability for injuries.
Hello, you'll need an attorney licensed to practice in California for the underlying claim. For the underinsured motorist claim, if any, you'll need an Iowa attorney. The underlying claim should not be settled without the approval of the underinsured motorist carrier. The underinsured motorist carrier would be the insurance carrier of the car in which you were riding and your own insurance carrier in Iowa.
Steve Lombardi
Re: Multi-car pile up on I-80, Extent of insurers liability for injuries.
To answer your central question, no insurance company is going to pay out more then the applicable contractual limit depending upon the type of coverage. Therefore, if the insurance policy on your nephew's vehicle only has $3,000 per person for medical benefits, that is all you will get under that particular coverage. You will need to decide how to divide up that $3,000 between your various medical providers.
However, if the police investigation or some other evidence suggests that your nephew was partly or fully at fault in this case, you may have additional coverage under the liability section of your nephew's policy. You should obtain a copy of the police report to initially determine the facts and sequence of impacts in a multi-vehicle collision.
You may also have potential coverage under your own auto policy if you own your own vehicle and if you have medical payments coverage or underinsured motorist coverage on your own policy. Check your coverage page of your own policy to determine this. Obviously, you may also have to utilize any health insurance coverage that you have as well.
The police report will tell you what county the accident occurred in and you should contact that county's bar association to get a referral to a personal injury attorney who can further advise you and give you a free consultation. If your case does not settle with any responsible parties by the tenth or eleventh month after the accident, you must file a lawsuit against any responsible parties within one year from the date of the accident.
Good Luck.
Sincerely,
Sam M. Eagle, 10101 Slater Avenue, #218, Fountain Valley California 92708; Phone - 714) 963-5123;
Facsimile- 714) 964-9993
website: www.firms.findlaw.com/eaglelaw007
Re: Multi-car pile up on I-80, Extent of insurers liability for injuries.
You probably should speak with an attorney, since you may have to proceed against one (or more) of the other 18 drivers. At the same time, if you have your own health insurance it might be able to pay for your care.
I'm not an expert in this area, but $3,000 in medical coverage sounds very low; you should look at the policy language to see if this figure is correct.
Re: Multi-car pile up on I-80, Extent of insurers liability for injuries.
My office is near Fwy 80. There is a one year statute of limitations on filing a lawsuit, or your rights will be forever lost. You should try to find some person that negligently caused your injuries, and go after that person or person's liability insurance policies. Or if your driver was negligent, he may have liability coverage, fromwhich you could attempt to collect. You may6 call me if you want to discuss this further. Do you have information on the other drivers in this accident? Joe Marman (916) 721-3324.