(1) File a traffic collision report ASAP.
(2) Contact your auto insurance company.
(3) Ascertain how much “medical payments” insurance your mom has on her auto insurance policy. This is money she can use to get medical attention and to pay co-pays if she has other insurance.
(4) Educate yourselves as to your rights. You can do this by consulting a personal injury attorney or two. Most of the best personal injury attorneys provide free consultations. Get a consultation. There are...
Absolutely. This is the very reason for UIM (under insured motorist) coverage. It applies to passengers and pedestrians as well. As long as the injury was caused by an uninsured or underinsured motor vehicle collision.
Sally must first recover all applicable insurance of the legally liable parties. She can then seek the balance of her damages through her UIM coverage, up to the limits of her coverage. Her insurance company gets credit for what she collects from other liable parties in...
Consult with the best personal injury attorneys that you can get interested in your case. A couple consultations would be a good idea. The best law firms will provide in depth consultations and assessments of your case for free. Give yourself the best chance for the best out come by getting the best attorneys you can as quickly as possible.
You might have some real issues if your Honda is totaled and you owe more on it than it is worth. Again, the best personal injury attorney you can find.
You are going to have a nasty fight on your hands. You are going to get a lot of push back unless you make a low ball offer to settle.
The major auto insurance companies are very good at fighting what they call “soft tissue injury” cases. Juries generally aren’t generous in their compensation awards for these type injuries and the insurance companies know it. Unless you have a way to force them to pay, you are going to have a tough time.
You are entitled to all of your medical...
It depends. If you car was equipped with "rollover side curtain airbags" then yes they should have deployed. If your car only has side airbags, not rollover activated ones, then they likely should not have deployed.
Don’t hire an attorney yet, unless you can hire them just to write you a demand letter and do it at a reasonable “flat fee”.
If it were my car, I’d have two or three professional estimates of the (1) value of my car before the collision; (2) the value of my car repaired. As you know, a repaired car isn’t worth as much as a never damaged car. I’d want to know the difference before proceeding.
Your insurance company is probably employing the normal tactic of “delay, delay and then, delay...
In disputed liability injury cases, you give yourself the best chance of the best outcome by hiring the best personal injury attorney you can get to take your case. At a minimum, get a consultation from a highly skilled personal injury law firm or two.
The other party may have admitted liability at the scene but changed their story later. It is possible that the denial of liability is fully on the other party’s insurance company simply because the insurance company doesn’t’ want to pay....
Can you sue? Yes. Can you win? No. You’ll be thrown out of court.
An employee’s sole remedy for ordinary negligence that causes a work related injury to an employee, is the Workers’ Compensation system. If the employer has been grossly negligent or intentionally injuries an employee, the employee can go around the Workers’ Compensation system and sue directly. The spouse has no standing to sue in the situation you have presented.
Do not offer to settle your claim until you have reached maximum medical recovery or the time limit to file a case is close. Not a good idea to settle until you know the full extent of your injuries. The other attorney’s comments hear are excellent, read them. They have great points.
When you are ready to begin the settlement negotiations, consult with at least a couple of attorneys as to your claims value settled on your own and settled through an attorney. Most of the best attorneys...
Sue the owner since you don’t know who the driver is.
California Vehicle Code Section 17150, Liability of Private Owners: Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
The owner’s out is to claim that...