Legal Question in Personal Injury in California

Re: First Time Injury (MVA)

I see you've already gotten a lot of answers. You actually have 3 options. First, you want a copy of the police report to place a claim with the responsible driver. Second comes your friends policy--depending on what coverages he has. And third, you do have your own policy even though your car was not involved. A lot depends on your injuries, bills, and what coverages in what amounts are available to you. It can get complicated but I have handled hundreds of these cases over 20 years. If you are in the Orange County area, please check out my website and give me a call. Good Luck.

Re: First Time Injury (MVA)

Hi,

Sorry you were injured. I can help you through this tough situation if you want. This case should not involve your insurance carrier. I will need a lot more information to properly evaluate your lawsuit, but based on the limited facts you provided, you almost certainly have a strong claim against the other driver. Moreover, if that driver was uninsured or underinsured, your friend�s insurer would be liable for any unrecoverable damages up to his uninsured/underinsured motorist policy limits.

I strongly advise that you do not try to handle this case yourself!!! That course only results in a second tragedy. For instance, a lot of people unwittingly accept ridiculously low settlements or lose their claims because the statute of limitations ran while they were negotiating with the insurer, etc. Don't let yourself be victimized again. Call me for assistance at (415)364-1604 to get the professional assistance you need. The consultation is free and if I accept your case, the attorney�s fees will only be a reasonable percentage of any money recovered on your behalf.

Here's a web page with more information about my practice and some general tips:

http://www.lawguru.com/users/law/litigator/index.html. Do not discuss your case with ANYONE or sign any papers regarding your claims until you have talked to me or another attorney. Insurers can seem friendly, but they are only interested in protecting their pockets by getting you to settle for as little as possible. Make sure you preserve all evidence of your claims. My web page provides some examples of important initial steps you should take.

There is a reason why professional licensing is required to litigate personal injury cases. Legal issues involved in such claims can get complicated if you lack the requisite knowledge and experience. Consequently, it is imperative that you get the strong, aggressive representation you need to win. I am available to help.

I look forward to hearing from you soon.

Russ Martin

(415)364-1604

[email protected]

Re: First Time Injury (MVA)

Your auto insurance carrier should have nothing to do with this. If you wish to recover for your injuries, you would sue and or make a claim against the negligenct/reckless driver, who in turn would be covered and/or represented by his own insurance company (if necessary, they would pay for an attorney to defend him). Depending upon the severity of your injuries, you may want to contact an attorney.

Re: First Time Injury (MVA)

Sorting it out is what we lawyers do. Trying to settle it yourself is not a good option. I would strongly advise you have no dealings with any insurance company until you have retained a lawyer (almost certainly there would be no upfront cost to you). Your own insurance would not be involved in any event. The lawyer you hire will deal with obtaining the police report, figuring out who, if anybody, needs to be sued, and their insurance company would eventually pay a judgment or settlement if (as seems likely on the facts you've provided) you were injured as a result of someone else's negligence. If you were to search this message board, you would find plenty of examples of folks who tried to settle their own cases with the insurance co. and wound up with 0. Please don't become one of those people. Feel free to write me with any questions. Also: you snooze, you lose.

Re: First Time Injury (MVA)

A passenger can make a claim for payment of medical expenses under the medical payments coverage, if any, of the vehicle owner's insurance policy. It is usually wise to do this. A passenger may also assert a claim on any uninsured motorist coverage of the owner's policy, if the other driver is uninsured. Thus, you should find out if these coverages are available on the owner's policy.

You should also make a claim against the liability coverage of the insurance carrier for the vehicle that rear-ended the vehicle that you were in. Usually, this carrier will not agree to pay any medical bills or other non-property damage expenses until you sign a full release. An attorney can help you get treatment if you need it. Do not delay treatment because you cannot afford it. Call an attorney for help.

I hope this helps, and that you are feeling better soon!

Re: First Time Injury (MVA)

For some reason, this message just got posted. Yes, it's important to 1) get the best medical treatment possible so that you can heal quickly, 2) don't blame your friend if he/she did nothing wrong, and 3) let a lawyer maximize your economic recovery. Please let me know if I can help. (310) 858-9771.

Re: First Time Injury (MVA)

What you need to do is get yourself an experienced attorney to handle this claim for you. Do it on your own and it is almost assured that you will not get the compensation you are entitled to.

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

Norm

Re: First Time Injury (MVA)

mr. stone and mr. kahn are both correct. however, there is one circumstance under which your own auto coverage may be appropriately involved; that is if there is not enough coverage, and you may have to make a claim under your own coverage either for medical payments, or under the UM / UIM (uninsured / underinsured motorist ) coverage of your own policy. even under this circumstance, however, don't worry, this cannot be deemed an incident which would effect your rating and/or rates.

let me reiterate what the other gentlemen stated . . . please do not wait to obtain proper medical treatment. also, not a good idea to do this without legal representation. good luck.

Re: First Time Injury (MVA)

First, do not give a recorded statement to any one, unless you are represented by counsel.

Second, your friend was without fault. Hence his insurance will not pay. You have no case against your friend. Unless, your friend carries a med-pay coverage which you have the right to use for your medical needs. Same applies to your own insurance. If you have a med-pay coverage you may use it to cover your medical bills. I suggest you use the med-pay from both your friend's and your policy. This will not cause any increase and you should not worry about it.

Third, your claim is against the person who rear-ended your vehicle. You should not settle until and unless you are completely aware of the full extent of your damages.

Lastly, the statute of limitations in California is 2 years from the date of the accident. So, you have plenty of time to deal with your physical condition first. Good luck.

Re: First Time Injury (MVA)

You have a claim with your friend's insurance if he's got uninsured motorist and the other driver's uninsured. I say that because it doesn't look like your friend's at fault. The first option would be to claim with the at fault party's insurance company. At any rate, you should be undertaking treatment immediately. Give a call if you'd like some guidance.