I was involved in a hit and run accident. I filed a Police Report within 2hrs of the accident. I have $1000 deductable insurance policy but I carry Liability, Colission and Uninsured Motorist. When I filed my claim I said I wanted to use the U/M p...
This is a common misunderstanding in Uninsured Motorist Law.
Look at your policy. You may have a UM PD Deductible waiver. If you do---Great!
If you do not. You have to probably 1. eat it; or 2. (what I recommend to my clients) maximize your bodily injury recovery by doing everything possible to accurately document your claim and obtain appropriate medical care for your injuries. An experienced attorney is your best bet for navigating this!
Best of luck!
My parents were in an accident here in California with a young mid 20's girl. It was her fault, as she pulled a left turn thinking it was an green arrow. Her insurance was unpaid for and was canceled 2 days before the accident, then paid for 2 day...
I am sorry for your predicament. In California, we see a lot of Uninsured Motorists!
Your only viable option is suing the at-fault driver in small claims court.
Make sure you check your parents policy to see if they are covered for collision damages or medical payments coverage.
I would not put much stock in the insurer's suggestion that it "may" pay something----but, don't push them!
A person rear ended me on the freeway. I blacked out, and was taken to the hospital by ambulance, given CT scans. I have a concussion and bad pain. The person took off, and got away. I have $250,000 of uninsured driver medical coverage through...
This is a great question!
Your Uninsured Motorist will apply to this hit and run. You must have a police report and notify your insurer immediately. And, Yes----the $250,000 policy is the limit of what State farm would pay regardless of the amount of your bills, disability and pain and suffering.
As for the medical expenses themselves, that is a more complex topic. The amount billed is rarely the amount paid. Further, it usually goes in this order---1) health insurance; 2) medical payments insurance under your State Farm Policy; and 3) lien or cash payment. In most of the scenarios, you will owe the payor of the bills "reimbursement" from your settlement. However, there are policy nuances that may exclude Uninsured Motorist. If you do have to reimburse, an experienced trial attorney can get those amounts reduced considerably. (Makes it worth it for that reason alone to hire a lawyer!)
As for a lien or cash pay-----everything is negotiable. Again, an experienced trial attorney is you very best bet in negotiating the bills.
I wish you the very best of luck and a prompt recovery!
I was rear-ended by an individual (lets call him John) who claimed someone rear-ended him, which caused John to rear-end me. John stated that the "third party" who rear-ended him took off, so we were unable to get their information. I obtained the...
Wow! Complex and aggravating.
Assuming there was a phantom vehicle, then the insurer is telling you the truth, you must go through your own Uninsured Motorist Coverage and collision coverage. However, you said you have liability only? If so, forget that. Your option is to call the driver that hit you a liar-----and prove it! If you can do that, then you will have a claim against that driver and his insurer.
Witnesses are key. You have to be absolutely certain that he was not hit and that there is no corresponding property damage to his rear. One would expect that his rear end damage would be equal to or worse than the damage to your rear end.
I would consult with an experienced car accident attorney ASAP!
If I received an insurance settlement from a car accident I was in for the insurance company totaling out my car (and then letting me keep it as a salvage and I could fix on my own), is the money I received counted towards income when calculating ...
This is a really tough question!
Usually, PI settlements are not taxable because it is not "income." Meaning it is compensating YOU for YOUR personal injuries incurred in the past. However, child support and family law standards may be different because it may involve liquid assets on hand or available to you.
My BEST recommendation is to speak with a certified family law specialist.
So, I was reading that there is a variant of Uninsured Motorist coverage known as Underinsured (UIM), in the event that you are hit badly and injured by someone who, for example, only has the state minimum coverage. My question is: 1. I am in C...
This is a great question and is not only misunderstood by the motoring public, but also by experienced personal injury attorneys!
YES! Uninsured Motorist coverage magically transforms into "Underinsured" Motorist coverage merely by comparing the amount of Uninsured Motorist coverage to the amount of the available at fault third party coverage. It is statutory, Ins. Cd. sec. 11580.2 and is a required part of all auto liability policies issued in California as long as Uninsured Motorist coverage is purchased.
As for property damage, it is not so simple. Many policies have what is called "Uninsured Motorist Property Damage Deductible Waivers." that means if the driver that hit you is uninsured YOUR deductible is waived for YOUR collision coverage. It really does not apply to an "Underinsured" analysis.
I hope that these answers were helpful!
I currently live in an apartment complex with a residence garage. The parking spots are divided amongst each household. I recently noticed a scratch and dent in the left back side of my car and was unsure as to how it got there. A few days later, ...
This is a very common situation. Make sure you get the license plate number. Then, report to the police. Some jurisdictions treat this like a misdemeanor hit and run when someone refuses to exchange insurance information.
You need to file an SR-1 form with the DMV. 45 days later, the other driver's insurance information will be disclosed to you.
Try taking cell phone pictures at the scene. The other party will usually relent when they see you have a picture of them, their car and their license plate!
I was just hit(rear ended) by a drunk driver who was arrested at the scene. My neck and head hurts so I'll go to urgent care for further assessment.
Yes! Contact an experienced personal injury attorney in your area right away. The drunk driver may have been insured and your will receive compensation from his insurer. However, even if that driver was "Uninsured", you will likely be covered under your own policy ---- hopefully, for uninsured motorist and medical payments coverage. Finally, the drunk driver will likely be ordered to pay you restitution as part of his sentence or plea deal. Make sure you cooperate with the police and the prosecutors!
I hope this helps!
Defendant in an unlimited auto case where the plaintiff who was hit in his car by a drunk driver is suing me for his damages because I intervened to stop her from driving which he said caused her to hit him. Case has been dismissed against her but...
You need legal counsel right away to "set aside" the default. You cannot do this on your own! You need to move quickly. The facts of the accident and injury are irrelevant if there is a default against you. If you are insured, immediately tender this to your insurer and demand help! Good luck!See question
When you construct an auto accident damages complaint can you list the insurance company as a defendant in complaint? Driver one was a drunk driver, no insurance. I was a passenger witgh Driver two, my boyfriend in his truck. We both are insured u...
No! The insurer is NOT the defendant. The insurer will defend and indemnify its insured!