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I got rear ended

San Jose, CA |

I got rear ended by an uninsured vehicle. The day of the accident I got sent to the Emergency in the nearest hospital although I asked to be seen at Kaiser since it is my health plan insurance but the ambulance said they can’t they have to send me to the nearest hospital. My total bill for 2 hours this was 64,0000$ only for x Rays, Kaiser paid 61,0000$ and my copayment was 3000$ . I have a contract with my car insurance for uninsured vehicle protection. My car insurance paid 10000$ for my car lose and 15000$ for my case settlement. My question is can I still sew the person that hit me for 3000$ dollars or the judge will ask me if my own insurance paid me any money and if yes then I won’t get anything from that person?

Attorney Answers 8


  1. Consult with a local attorney.


  2. You can still sue the responsible driver and owner of the vehicle that hit you. However, you need to let your insurance company know you are doing so just in case they want to make a claim to get the money they paid you from the uninsured motorist. Your insurance company may ask you to pay them back for the money they paid on your claim.

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  3. While I cannot give you legal advice in this forum, as a general matter you can sue the person that injured you. However, you should have a personal injury attorney help you with this. It can be a little complicated because once you sue and collect, your insurance company may make a claim to part of that money and you may be obligated to tell them you are suing.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.


  4. Yes, you can probably still pursue the party who did not have insurance, but it is unclear if it would be worth doing. You should call an experienced local attorney. There is generally no charge for discussing your personal injury case and your options. Do not wait.
    Call me if I can be of assistance or answer any questions.
    Brad C. Brereton.
    831-429-6391
    www.SantaCruzLawyers.com

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice for your specific situation, and you should use the information provided solely for the purpose of choosing an experienced attorney for the problems presented.


  5. Your situation is sensative because I don't know if you have signed a release and whether you may have waived any rights. It's always best to consult with an attorney before signing papers.

    Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.


  6. Hopefully you have uninsured motorist coverage, the best and cheapest insurance money can buy. See my wite www.paoligeerhart.com. Your injuries sound severe, so you should get a lawyer to investigate your UM situation pronto.


  7. Yes, it is not a good move however, unless, they have the money to pay and will not fight. You may have Uninsured coverage talk to your insurance company right away.

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  8. The value of your claim is not going to be impacted in regard to a judge’s decision what the judgment should be. Whatever the true actual value is, the judge will make that decision. The problem you have to deal with is that your insurance carrier may make a claim for reimbursement on any funds collected as well as a Kaiser reimbursement claim. The other issue is that if the person really had no auto insurance, is there really any hope of really collecting any money to start with. There are two issues involved in every litigation. One is liability, the other is collect ability. Unless you have major traumatic injuries, it may be difficult to pursue your claim against this individual. Also by and through the Release you signed with your insurance carrier, you probably signed your claim against the Defendant to the insurance carrier who will be suing him in a subrogation action to recover monies they paid to you in regard to his or her liability.

    I hope this is helpful.
    John N. Kitta

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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