Legal Question in Personal Injury in California

Re: UNINSURED DRIVERS/CALIFORNIA

She is entitled to have her vehicle repaired or "totalled out." When a car is considered "totalled" that means that the cost to fix the car is more than the value of the vehicle. Considering the vehicle is older the insurance company will probably total it out and offer her what they consider fair market value. I urge your friend to find out the blue book value of her vehicle and also do some research and find out what her vehicle is selling for in her area. That way she has some numbers when the insurance company offers a low settlement. As to her injuries if she was uninsured, and I urge her to confirm that she was indeed uninsured, she is entitled to only hard damages. Hard damages are medical bills and lost wages which she has to proove. If she had been insured she would have been entitled to additional money for pain and suffering. She is also entitled to a rental car until she settles the property damage portion of her claim with the insurance company. She will have to pay for the vehicle but the insurance company should reimburse her. Make sure she asks what kind of vehicle she is allowed to rent. If she has medical insurance make sure she has them pay for all of her medical bills. If she decides to hire an attorney her medical insurance company is required to reduce their reimbursement lien by one-third to account for the contingency fee the lawyer charges her. If she would like to speak with me regarding hiring me on a contingency basis please have her contact my office toll free at 877-546-9918. I offer free, no obligation consultations. I wish her the best of luck if I don't hear from her.

Sincerely,

John Hayes, Esq.