Legal Question in Personal Injury in California

As a general rule you are entitled as a result of someone else's negligence, medical bills, out of pocket expenses, loss of earnings and paid and suffering. This includes the humiliation of scaring and any permanent injury to you.

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I agree with Mr. Laurie. But the out-of-pocket expenses you claim must be reasonable. You could have your plastic surgery at a hospital close to your home. There should be no need to pay for plane tickets, hotel accommodations, etc. in order to have it done in California -- and certainly not to bring your entire family along so they can have a vacation at the insurer's expense. None of the travel costs you list strike me as remotely reasonable.

Demanding payment for the plane tickets you used on the trip where you were injured would also be unreasonable, since you had already bought them before the accident. But if the injury forced you to change travel plans and you incurred additional costs as a result, you are entitled to recover those costs as long as they're reasonable. For example, the insurer should pay for a re-booking fee but not for an upgrade, unless the upgrade was medically necessary.

It's not even clear that having the plastic surgery would be reasonable. That will depend on how bad your scar is, how visible it is, and how it makes you feel. My sense is that you're more interested in a free trip than in removing the scar.

Finally, note that the insurer cannot be forced to pay more than the policy limits. Even if the amount of your claim reasonably exceeds what is available on the policy, the insurer cannot be forced to pay the entire amount.