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

Asked 12 months ago - 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)

  1. Malosack Berjis

    Contributor Level 20

    33

    Lawyers agree

    Answered . 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... more
  2. Michael Raymond Daymude

    Contributor Level 20

    27

    Lawyers agree

    Answered . 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.... more
  3. Elizabeth Louise Riles

    Contributor Level 3

    26

    Lawyers agree

    Answered . 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.

  4. Christopher John Gansen

    Pro

    Contributor Level 18

    25

    Lawyers agree

    Answered . 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.

  5. Robert Bruce Kopelson

    Contributor Level 20

    23

    Lawyers agree

    Answered . 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.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    24

    Lawyers agree

    Answered . Time to get a local personal injury lawyer then

  7. Gerald R Stahl

    Pro

    Contributor Level 16

    23

    Lawyers agree

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

  8. C. Donald Briggs III

    Pro

    Contributor Level 20

    23

    Lawyers agree

    Answered . 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.

  9. David Ian Schoen

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . 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.

  10. Michael Shemtoub

    Contributor Level 17

    15

    Lawyers agree

    Answered . 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... more
  11. Patrick James Hogan

    Contributor Level 5

    10

    Lawyers agree

    Answered . 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... more
  12. D. Wayne O'Bryan

    Contributor Level 4

    11

    Lawyers agree

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

  13. Allen Paul Vaysberg

    Contributor Level 7

    8

    Lawyers agree

    Answered . 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.

  14. Melody Parman

    Pro

    Contributor Level 7

    8

    Lawyers agree

    Answered . 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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