Your insurance company will protect you and your parents (assuming they are on the policy) when there is a settlement with the pedestrian. It would be a rare case for the pedestrian to turn down the policy limit and pursue you personally.
Once the pedestrian accepts the policy limit, he/she has waived any further claim against you and your parents. He/she can not accept the policy limit and still pursue you.
If the insurance company failed to protect you and/or your parents when...
(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...
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...
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...
This story sounds fishy. If you were hurt in the traffic collision you deserve compensation. Six months is not an issue.
We do not settle any of our personal injury cases under six months because we want to be sure that all injuries have manifested themselves and the injuries are healed. We are more concerned about being sure our client’s injuries are resolved than how fast a case is settled. Six months is to quick a settlement for our cases.
I suggest obtaining a copy of your file (...
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.
This is a gray area in the law. A minor has the right to disaffirm contracts when he becomes an adult – except ones made for necessities of life. Some California court cases have held that medical care for an injured minor is for a necessity of life, therefore the new adult could not disaffirm the promise to pay for the treatment.
Another consideration – did a parent sign something saying he/she would be responsible for the medical bills? If so, the debt can be enforced against that...
Your license status does not prevent you from making a claim for damages. As long as you have the required auto insurance, you can still make a claim for your damages, even though you had no driver’s license at the time.
You don’t want to get a report to DMV for driving with out a license, so be careful how you deal with the insurance company. Your best bet may be to be represented by a personal injury attorney skilled in traffic collision cases.
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....
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.