Legal Question in Personal Injury in California

Re: Who pays for my medical bills when their money runs out??

I have not read the responses by all of the other lawyers on here.

First off, if the person who hit your son does not have enough insurance coverage to cover all of the bills, you can do one of 2 things. (1) You can litigate and get a full judgement against the person who hit your son. The problem here is a judgment is only as good as the person you are suing. If they have no assets to speak of, they could go bankrupt on you, leaving you with an empty judgment.

(2) You can offer to settle within policy limits. If they refuse to settle within policy limits, you can then pop the policy. In other words if the insurance company refuses to settle within policy limits, they are liable for the entire judgment that you obtain against them in Court. It is highly unlikely that you have coverage for this injury in your auto insurance or home owners insurance policy.

Get a lawyer NOW!!

If you want a free consultation give me a call on my cell at 818-427-6246.

Re: Who pays for my medical bills when their money runs out??

You need a specialist in insurance law and personal injury as soon as possible. Do NOT deal with the insurance company on your own. Do NOT worry why your car insurance applies. We will investigate your car insurance, your health insurance, and any other insurance policies which may afford coverage to your son. Being an ex-insurance attorney for years, I know the special issues in dealing with policy limits cases. Also, because your son is under 18, special laws apply to him. You need an immediate consultation. Call me anytime at (408) 250-9999. I do not agree with some of the other posted answers so it is up to you. Thanks for your question and good luck.

Re: Who pays for my medical bills when their money runs out??

hi. i hope your son is doing o.k. oh boy. a serious injury case, and we lawyers come out of the woodwork.

first, if the other driver is not sufficiently insured, you might be able to recover against your own policy under UM / UIM coverage. this will not effect your rates or rating. this is what you paid for. however, what are your limits?

second, yes, you can go after the driver's personal assets if he is underinsured. you want to exhaust your insurance options first.

like all the rest of the attorneys on here, i would be happy to assist you and would welcome your call. however, whether it is me or any other number of attorneys, you are not doing yourself or your son any favors by dealing with any of this on your own. please get competent legal help.

call if you like. thanks.

daniel king

818 587-9299

Re: Who pays for my medical bills when their money runs out??

Your insurance could become involved, to the extent that the other side's insurance does not cover special and/or general damages. Your own medical insurance should be primary in dealing with your medical expenses. Then, if you have medical payments insurance from your own insurance company, that should help as well, although most peoples' "med pay" is only $5,000, or even less. You can think about suing the other person, but you need to be sure that there are truly assets with that person (homeowner, etc.). A simple asset search should clear that up. Then, sit down with an attorney for an initial consultation and come up with a gameplan.

Re: Who pays for my medical bills when their money runs out??

If you like a free telephone consultation, I would be happy to talk with you about your matter.

Send me an e-mail to schedule a no obligation consultation.

Re: Who pays for my medical bills when their money runs out??

It is possible that the driver was acting in what's called the "couse and scope of employment" at the time of the accident. If so, then the driver's employer may be held vicariously liable for his negligence. Often times this information is very difficult to obtain absent the filing of a lawsuit. Also, it is possible that the driver has an excess or umbrella policy. It is important that you do not settle the claim for a small amount without finding out if an umbrella policy exists or if the driver was in the course and scope. You should also check your own auto insurance policy to see if you have any underinsured or uninsured motorist coverage. Most policies require that the UM claimant be traveling in a "motor vehicle, or otherwise" at the time of the accident. However, courts have held that the language "in a motor vehicle, or otherwise" includes pedestrians who are injured by an uninsured motorist. Lopez v. State Farm and Casualty (1967) 250 Cal.App.2d 210. If your son was a resident in your household around the time of the accident, then he may be eligible under your auto policy for UM benefits, even though he's not a named insured. If the defendant has certain assets that are not protected by Claifornia law, those asets may provide additional compensation, but this process is usually not one recommended by most lawyers for various reasons. In any event, a hired investigator can peform a simple asset check on the individual to see if this is a possibility. Be also mindful of the fact that the other driver's car may had been registered to some other other person. That other person may have coverage as well. And if you witnessed this whol accident take place, you yourself have a viable claim for what's called bystander negligent infliction of emotional distress. There are many issues involved here and you and your son would probably be best served by an attorney that has specialized experience in handlingin these kind of cases. Please feel free to contact me if you would like to ddiscuss this matter further and are interested in the possibility of legal representation. I should also caution you that certain time limitations do exist and once those time limitations expire, your case may forever be time-barred. So prompt action is always a good idea. Feel free to contact me and please be advised that in my cases, if there is no recovery, I take no fee.

Tyler J. Barnett, Esq.

LAW OFFICES OF TYLER J. BARNETT, P.C.

11755 Wilshire Blvd., Suite 1170

Los Angeles, CA 90025

TEL: (310) 312-1102

Re: Who pays for my medical bills when their money runs out??

It is certainly possible to go after the assets of the driver, to the extent the driver has any assets that can be acquired. Additionally, if the driver was working at the time of the accident, it is likely you could pursue the assets of his/her employer.

In addition, you would have to examine your own homeowner, auto and medical insurance policies to determine if they provide medical coverage for this incident, and to what extent.

Re: Who pays for my medical bills when their money runs out??

I am sorry to hear about your son. That is a tragic thing that happended to you and your family. You need to get a lawyer and file a lawsuit immediately. We can help you.