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I was hit by a drunk driver in my boyfriends car, I don't have medical insurance. Who pays for my medical bills?

Anaheim, CA |

My boyfriend and I were hit by drunk driver, we were stopped at red light. She was convicted for DUI. My boyfriend has been going through his medical insurance and getting treatment. I initially went to urgent care following day because I told the police I had neck pain right away. I do not have medical insurance any longer and pain is getting worse and it's been six months. Who has to pay for for my medical bills?

Attorney Answers 16


  1. You should direct your question to personal injury counsel: not criminal defense counsel. Our firm also handles personal injury matters. www.taublawyers.com

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


  2. You can hire a free attorney, who will only recover money if they recover money for you. You have that option or you can just get in through the court. However, hiring a personal injury attorney is a great idea in a case like this.

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.


  3. To answer your question in detail requires addition information. However, generally the negligent driver is responsible. Contact an attorney as soon as possible as to avoid any statute of limitations issue.


  4. Need to speak to a personal injury attorney. A personal injury attorneys usually are retained through contingency meaning you don't pay them anything unless there's a recovery. Now six months into it, oh boy, you may have trouble, but start calling today.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  5. You need to hire a personal injury plaintiff attorney to review your case and potentially file a civil lawsuit against the DUI negligent driver for your damages. Contact an attorney ASAP. Time is not your friend, act now.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  6. First of all, I am truly sorry about your injuries. I concur with my fellow colleagues. You are in a real predicament at the moment. I would strongly advise that you contact a personal injury attorney such as myself to help you through the process. A question in my mind is whether or not your boyfriend had automobile insurance coverage or whether the party convicted for the DUI had insurance coverage. I would be happy to talk to you and provide you with a free consultation.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  7. If other driver had auto liability insurance that is first area of recovery; if there is coverage & it is exhausted, then if you have underinsured motorist coverage that would be available if you limits are larger than other driver's policy limits. Or if other driver and/or registered owner of other vehicle has no liability coverage then your uninsured motorist coverage. Also, perhaps you carry auto medical payments coverage. Also there is court restitution & perhaps victims fund available. Also if other drive was in course of employment for another etc etc - the list goes on and on. This is why you need to contact a California personal injury attorney, such as myself to assist you. There is no fee unless there is a recovery - and consultation is free of charge. You deserve to be compensated for your medical bills (past & future) & for your pain & suffering & disability.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  8. You should retain an attorney who could assist you in getting medical treatment on a lien basis (i.e. the doctor agrees to forego payment until the case settles).

    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. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


  9. I'm sorry to hear that you've been in so much pain, but there are steps you may be able to take to get your medical bills paid for and just compensation for your pain and suffering if you act now.

    1. Personal Injury attorneys work off a contingency fee. This means that you won't pay anything up-front, and they will only a charge you a fee later on if they win you money for your case.
    2. The medical bills can be paid by several different entities depending on the circumstances, but most likely either by the negligent party's insurance provider (the drunk driver that hit you) or your insurance provider (if you have uninsured motorist coverage).

    You need to act quickly. There are strict time constraints for when claims are allowed to be filed. I wish you all the best.

    For more helpful information, call Bergener & Associates at 1-800-881-2021 or visit our website http://www.bergenerlaw.com. The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state.  Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising.


  10. You should first look to the auto insurance for the drunk driver. This assumes of course that the drunk driver was insured and this was not a hit and run. If the drunk driver did not have insurance, you should look to the auto insurance policy covering your boyfriend's vehicle. If you were covered under your own auto policy, even though you were in your boyfriend's car, you may be covered under that policy as well.


  11. Anyone who is physically injured in a motor vehicle accident should first get medical attention and second hire a personal injury lawyer... that means drivers, passengers, pedestrians, etc. (There could be someone in that etc. category... maybe a bystander who was sitting at a picnic table at In ‘N Out, comfortably enjoying a double-double, animal style of course, with a side of fries and sucking on a chocolate shake, when a car jumps the curb... but I digress). An experienced personal injury should be able to help his or her client prove (in court, which is the place with the final say) who is at fault. An experienced personal injury attorney should be able to understand all of the physical/medical conditions that his or her client suffers and be able to explain these conditions in easy to understand language to a jury. An experienced personal injury attorney should be able to maximize the amount of money his or her client will receive.

    The best part about hiring a personal injury attorney is that we offer free consultations and should we accept a case (and the client accepts us) we work on contingency. Thus, there is absolutely nothing to fear in calling us.

    - Paul

    * 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.

    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.


  12. First, let me express my sincere regret that you are having to endure this difficult situation You should have an attorney experienced in this type of claim review your documentation, if any – such as police report and medical records – and discuss what options you may have. I have personally dealt with many other California claims such as this one. You should understand that having proper representation can protect your cause of action and your right to compensation for damages suffered as a result of this unfortunate accident. Best of luck to you.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com 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


  13. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  14. You should ask the prosecutor of the offending motorist to obtain court-ordered "restitution" of your "economic losses" as a victim of the crime. You should have a personal injury attorney evaluate your case for obtaining damages (esp., for "non-economic losses" such as pain, suffering, disfigurement, loss of enjoyment of life).


  15. You likely have a claim either against your boyfriend or the drunk driver. You at your medical bills and then recoup those costs from the insurer for either at fault party. Or, you could get a lawyer that practices personal injury to execute medical liens on your behalf so you can get the treatment you need now and pay for the bills with your ultimate recovery.

    Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.


  16. You need to hire an experienced PI attorney. This is not for a criminal attorney. A PI attorney should be able to get you medical treatment on a lien if you do not have medical insurance or other method to pay. The treating provider's bill will be paid from the settlement funds after your case is resolved. Additionally, it is not clear if the drunk driver was ordered to pay resitution. If not, you may be able to ask the criminal court to set a restitution hearing and order the defendant to pay restitution. I have handled numerous drunk driving car accidents and know exactly how you are feeling. You are welcome to call my office to discuss this further if you desire. 888-447-8282.

    The responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. An attorney-client relationship will only be created after a case has been evaluated, we have cleared a conflict check and a written retainer is signed.

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