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California auto accident value Q. Please give me guesstimate or range. M/C accident. Broken collar bone requiring metal plate?

Riverside, CA |

My friend was hit by a car while riding his motorcycle. There is no issue as to fault. The other driver (of the car) is clearly at fault. So, he has an attorney but he is very evasive in answering value question. The other side has $100k available in insurance. Other than the collar bone he had typical road rash and now has a big scar from the surgery to put in the metal plate. I am curious as to what your guesses of damages might be. Don't worry, I won't hold anyone to it. Just wondering what CA atty might think.

Attorney Answers 6

  1. You need to have this issue reviewed by a qualified attorney in your community.

  2. No one wants to second guess an attorney who has been retained.

    In the very few personal injury cases that I agree to handle, based on your facts which don't specify the amount of out of pocket medical expenses, I would demand policy limits.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  3. If your friend has all of his medical bill and they are substantial with the type of injuries described, I would demand policy limits. However, remember, he has to pay his attorney and his medical bills. so depending on the medical bills, there might not be too much left. Do not be surprised.

    This answer is provided by Manuel A. Juarez, Esq., aka 'El Abogado Hispano de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq esta licenciado solo en el Estado de California.

  4. He should consult with the attorney. It is difficult to determine value until you receive all medical records and bills. From what you describe, though, the injuries are significant enough to have a value in excess of $100,000. If it were me, I would demand the policy limit of $100,000 (after verification that this is truly the limit and the insured doesn't have any appreciable assets) and, if this was rejected, I would try to "open" the policy by getting a judgment in excess of this limit.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

  5. I agree with my fellow attorneys. Your friend will benefit greatly from consulting with an experienced motorcycle accident lawyer. One of my colleagues, Scott J Corwin, is one of the most experienced and successful motorcycle accident advocates in Southern California. His record is outstanding and he takes care of his clients' needs. You can call his offices at: (310) 207-4030 or you can contact him through his website in the link below. I hope my response was helpful.

  6. This is very likely to be OVER a policy limits case. Most people settle for whatever the insurance will give (100K), I would probably fight and try to get a contribution from the defendant as well. Of course, cases like this are facts specific, but I wouldn't stop at the policy.

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