Legal Question in Personal Injury in California

I was riding as a passenger in my bosses truck when a vehicle ran a stop sign and caused him to swerve off the road in to a ditch. I was taken by ambulance to the hospital where they quickly treated me and sent me on my way. I was in pain from August 8th 2009 to present and I now have $40,282.46 of medical bills. His insurance company is saying he is not at fault and the CHP is saying he is at fault. Progessive (my bosses insurance company) is only going to cover $5,000 of the bills and I have no medical insurance or money. What the heck can I do to save my flawless credit? I no longer talk to my past boss and I he has always bragged about having millions of dollars. Should I sue him or just exept the fact I am scewed or what? Any ideas for a broke guy ($300 in the bank and no job with a wife and kid)!


Asked on 9/15/09, 7:31 pm

4 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Given that your ex boss and the other driver disagree who was at fault, you are probably bound to claim against both of their insurance companies, to be safe. An experienced attorney can help you with all your problems. We can sometimes arrange medical treatment on liens with some providers. There are no up front legal fees and we only charge a fee if we win a money recovery for you. You should however, stop talking to the insurance adjusters. They are not your friends and will ask questions and for documents that are designed to hurt your claim, not help you.

I have been doing personal injury litigation for over 30 years, including in your area. You do NOT have to "just accept that you are screwed". You are the one person in this story who is not and cannot be at fault.

For further information on personal injury claims and litigation, you can see my web site here:

http://negligentdeath.com/

You can also give me a call for a free telephone consultation, if you like. Good luck.

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Answered on 9/15/09, 7:38 pm
David Lupoff Law Offices of David B. Lupoff

My first question is whether or not you were acting within the course and scope of your employment at the time of the accident. If so, you certainly have a workers' compensation claim. In addition, you clearly have what we refer to as a third party claim against the vehicle that ran the stop sign, if you can identify him/her. Otherwise, you're stuck with workers' compensation.

In any event, I think that you should consult with an attorney. You can contact me at 1.877.INJURY.

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Answered on 9/15/09, 7:44 pm
Arkady Itkin Law Office of Arkady Itkin

It sounds like you suffered a serious injury and it is certainly worth pursuing a claim. You shouldn't look at it as some kind of hostile act against your former boss. Although, you might have to sue him directly, it will be a formality toward dealing with his or the other driver's insurance carrier. At the very least it's worth exploring.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco / Sacramento Injury Lawyer

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Answered on 9/15/09, 11:42 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You should go after your former employer with a civil lawsuit and file a worker's compensation application for continued medical treatment and temporary and permanent disabilities caused due to this accident. Call us at 213.388.7070 for a free consultation.

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Answered on 9/16/09, 1:07 pm


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