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Do I have any recourse on my accident as a passenger.

Huntington Beach, CA |

I was a passenger in friends car we was rear ended on 8/9/12 I am 46 years old. The other driver said it was her fault 100% My friends lawyer filed a claim and found out the person only has 15/30 My friends car was totaled which they paid for. I have not got a lawyer because I am still seeing an Orthopedic Surgeon and have to get a facet block and then possibly surgery because I can't stand for long, legs go out on me, pain down legs and my back goes numb after 10 minutes and I have not even been able to work since. I have never had a back problem, my whole life has changed for the worse. Since the other driver only has 15,000 coverage which won't even pay my bills to date , am I out of luck? I don't even know if it's even worth getting attorney I will just end up with less then the 15,000

Attorney Answers 14

Posted

If your friend had auto insurance, then that could be one recourse. Just don't waste anymore time--contact a personal injury attorney ASAP.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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6 comments

Asker

Posted

She does but she has 15/30/25 and her uninsured/underinsured is 15/30 but I have been reading that I could only file 1 claim and it has to be with the one who was at fault. I am so upset that I could live like this forever with this problem and get no compensation.

Asker

Posted

Her insurance company already paid $1000 worth of my medical and sent her lawyer a check, they said she paid for it on her insurance. They wanted me to sign for it but I didn't and never have signed anything.

Malosack Berjis

Malosack Berjis

Posted

Please don't be upset. Honestly, it's all getting so complicated right now that it's time to consult with a personal injury lawyer. The majority of us give free consultations, so there's no reason for you to not call right now.

Malosack Berjis

Malosack Berjis

Posted

Bravo to you for not signing anything. Just signing away their rights, without consulting with an attorney first, is one mistake a lot of victims make.

Robert Max Klein

Robert Max Klein

Posted

Excellent advise from Ms. Berjis.

Malosack Berjis

Malosack Berjis

Posted

Thank you, Mr. Klein.

Posted

Time to get a local personal injury lawyer then

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Posted

I agree with Ms. Berjis, your friend's insurance is also a potential source of money to compensate you for what happened. Additionally, it is worth consulting with an attorney because they might be able to find out more information about the assets of the driver. Even though his/her insurance coverage was only 15/30, the driver could have other assets to cover your medical bills and other compensation for your injuries. Though you definitely need to consult someone soon before you lose the chance to do so all together because you waited until it was too late.

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Posted

If you have your own automobile insurance with coverage greater than 15/30, or if your friend does, you may have underinsured motorist coverage that will help out. You need to consult your own lawyer. Personal injury cases are usually handled on a contingency basis and most PI lawyers offer free initial consultations. You have no reason not to consult and retain your own attorney. If you believe you will put 15K in your pocket without one, you’re dreaming. Good luck.

SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

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Posted

You can claim the 1k med pay. You can settle with the other party for 15k, if you have confirmed there are no other policies for the deft, and that he doesnt have assets. You need to be sure there isnt another person who is a registered owner that could be sued. You need to be sure to find out if the other person was doing anything job related then this happened.

You need to see if you have any coverage available under your own insurance or any relative you were living with when this accident occurred. You may also want to do an asset investigation before settling witrh him.

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1 comment

Asker

Posted

It was a 19 year old girl who had a drunk driving a year before and she smelt like alcohol. My friend noticed it and so did the driver of the car we hit in front, was pushed into him by her we was sandwiched. My friends lawyer is looking in to assets now. If I remember correctly I think it was her dads new truck it was big. He came by the wreak once he heard to make sure we was okay because we had 2 kids in the car 8 and 7 years old. They where fine except for bad dreams after for a while the car seats protected them real good I was supervised I don't have insurance I don't drive. I live with the friend who was driving.

Posted

Get a lawyer immediately. They can help you get through this complex situation and maybe get your medical bills reduced. As others have said, also a chance there's other coverage out there, which a lawyer can help investigate.

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Posted

You should hire a personal injury lawyer. If you have underinsured motorist coverage, your lawyer will help you present that claim. Good Luck!

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23 lawyers agree

Posted

You may not be out of luck but you should contact a local lawyer immediately. The lawyer needs to find out if there are any other insurance policies available to compensate you.

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Posted

AS many of the other attorney's have mentioned it is certainly worth consulting with an experienced personal injury attorney immediately. Not only can the attorney make sure you receive the $15K of available coverage but a good attorney has the ability to "find" other available coverages, including UM coverages. You have little to lose and everything to gain by hiring such an attorney.

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Posted

This case has been delayed for a very long time. I would definitely speak with an aggressive attorney asap. Its very possible that you won't be bound by the $15,000 policy any longer, however that will depend on several factors. I've gotten recoveries beyond the policy limits several times and that might be the case with your particular accident because they haven't already tendered the policy limits.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

Various expenses traditionally associated with litigation such as filing and service fees, deposition costs, jury and witness fees, fees for hiring experts, etc.) are essential to effective prosecution of the claim. In many cases, the client cannot afford to pay court costs and expenses as they are incurred. Claimant is entitled to recover the reasonable value of all medical expenses that have been incurred, and that are reasonably certain to be incurred in the future, as a result of the injury.

The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.

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Posted

Based on your described injuries, you have a claim that is worth far more than $15,000. I strongly recommend that you contact an attorney specializing in personal injury to go over your options with you. Even if the at fault driver only has $15,000 in liability coverage, you could still pursue an underinsured motorist claim with your friend's insurance company if your friend's insurance policy has underinsured motorist coverage that is greater than the $15,000/$30,000 liability policy that the at fault driver has.

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Posted

You need to talk to a lawyer to see if you have any uninsured or underinsured motorist coverage available to you.

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11 lawyers agree

Posted

It is definitely possible that you will not be limited to the $15,000 policy. Your insurance policy or your friend’s insurance policy may offer compensation. If you have car insurance, check to see whether your policy includes uninsured motorists coverage. Based on your described injuries, it is very important that you contact a local personal injury attorney ASAP who can offer you a free consultation and you will not have to pay unless you win! Good luck.

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