You need to hire a lawyer right away to take care of the case. If your doctor has incurred more than $15k and if the defendant has only minimum coverage, your attorney can ask for the policy value and not settl;e for a penny less. Once you have secured the policy value, and the meds are actually over $15k and you will need over $150 k of medical treatment, you need to have your doctor, the hospital and physical therapists give estimates of your future medical costs. Youe lawyer will advise you how to negotiate with the hospitals and other medical providers so that you can keep most of the monies. It is not an easy process and I do not recommend that you do this alone. If your damages are really that high, I suggest you consult for free with a medically trained attorney. I suggest you contact attorney Joe Molinaro, JD, MD.. He is next to you and he will see you for free. Best of luck
This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes 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.
Never try to go after your own UM, or you will likely either sabotage your claim and get no money or get a tiny settlement. Retain a personal injury lawyer to get you the policy limits. The medical bills can be negotiated down to 5-10 cents on the dollar by a good lawyer.
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You need to contact a personal injury attorney immediately. They can assist you with everything. You're very welcome to contact my office at any time for a free consultation.
Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.
I agree with my colleagues. You should contact an attorney immediately. Many attorneys like my office will handle your case without charging you unless you receive compensation for your injuries. There are ways to work with policy limits when the medical bills are high. Call an attorney ASAP.
This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
It has been said on this forum over and over... and it can't be said enough... anyone injured in a motor vehicle accident enough to need medical attention - and where the other driver is at fault - should absolutely, positively, no doubt about it, hire an attorney for the matter. That said, $150k in spine/back treatment is no small potatoes, and such a matter really really warrants a person who deals with these issues and these kinds of medical damages day in and day out. While some cases give the appearance, at first glance, to show an inadequate amount of insurance coverage for the damage done, an experienced attorney may be able to maximize the recovery and in some rare cases blow past the policy limits (quite uncommon, but possible).
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
First thing to do is retain an attorney. You will need to exhaust the policy limit for the at fault driver prior to being able to submit your claim for under-insured motorist coverage with your own carrier. You should also do an asset check of the at fault party prior to settling for their policy limits. There are ways to recover more than the policy limit if you submit the claim for the full limit and the insurance company rejects this offer. This scenario would likely require a demand for and, possible, actually conducting an arbitration with your own carrier. A quality personal injury attorney could assist you with all of the above.
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.
It goes without saying that you need to retain a local attorney that can help you navigate the waters of third party and underinsured motorist litigation.
If this rear-end accident is responsible for your injuries and is the cause for your need for future surgery then you have two options. You can demand the third party's insurance policy limits of $15,000.00 and after the insurance company pays it, then proceed under your own $100,000 underinsured motorist coverage. Or, you can investigate the third party's personal assets and determine whether it is worth pursuing them. Obviously this is an overly simplified explanation of the options you have available to you. You definitely will need an attorney experienced in this area to help you in this case.
With regard to your concerns over the minimal property damage, if it becomes an issue, your attorney will need to hire an expert that can determine whether the forces involved in the collision were sufficient to cause you injury. Good luck.
Please be advised that my responses are meant for informational purposes only and do not create any type of attorney-client relationship.
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