In addition to "Med Pay" of the owner of the car you were in (if they have it) if you have insurance on your own car, you may have available "Med Pay" on your own policy. Also, if you have health insurance, that is another source of payment of medical bills. Ultimately, the person who rearended the car you were in is responsible for your medical bills.
You should contact the Community Legal Services Program at McGeorge School of Law in Sacramento. If you qualify financially they will provide free legal representation by law students who are supervised by lawyers/professors. If they can't help you, ask for a referral to someone who can. Good luck.
You should definitely speak with a competent personal injury lawyer for a free consultation to weigh your options. It is usually not a good idea to represent yourself from what you have stated. A lawyer would be able to assist you in obtaining medical treatment on a lien and also advise you on a fair amount to resolve your case when ready, taking into consideration your medical bills, pain & suffering and any other damages you may have.
You or your sister could be sued by the person whose car was damaged. Sounds like a small claims case where it's like Judge Judy and no one has a lawyer. If the person contacts you or your sister for damages, explain that you have no insurance and how much $ the person wants and ask to see the estimate. If it's something you can pay, then contact a lawyer to prepare a Release of All Claims. Most lawyers including me would do it for free or a small fee. If you can't pay and you lose in court...
Unfortunately it is extremely difficult to recover money from individuals above their policy limits. The boy's insurance company will not pay you the 25k policy limit unless you sign a Release of All Claims against the boy which means you would agree to accept the 25k for all damages against the boy and could not seek more money. You could approach the boy and see if he would be willing to pay money above his policy and include cash payment and the policy limit in the Release. You could also...
Sorry for your loss. I agree with Mr. Fiol & Mr Adams. In CA there is the "Going-and-Coming-Rule" which holds that generally an employee going to work and from from work is not considered to be "on the job". But there are several exceptions to that rule. So, an experienced personal injury lawyer should be consulted asap to see if there is a workers' compensation claim or civil case to seek recovery from.
Your daughter has the right-of-way. The man violated her right-of-way by entering the road your daughter was on when it was not safe to do so. Of course my opinion could change if you have more specific facts. If your daughter has sustained damages & injuries she should contact a lawyer specializing in personal injury cases for a free consultation.
You must sue as defendants the driver & also the owner of the car that hit you. You need to make sure you have all your evidence to bring to the hearing. You should obtain a free consultation from a lawyer to make sure all your ducks are in a row. Call if you would like some help. Glenn 916/714-7672