QUESTION: I was rear-ended in an accident that wasn’t my fault, and it resulted to a minimal damage to my car. The other person’s insurance paid $460 in damages. I have a preexisting condition which affected my healing time. I was treated by a chiropractor for 6 months and have a $4,500 medical bill. The other person’s insurance said they will only pay for $1,200 of that bill. PI lawyers don’t seem to want my case since the damage to my car is minimal and my medical bill is higher..
QUESTION: I got hit by a car and my neck was hurt, and my bike was broken. Should I be getting more than $500? It was not my fault and I had the right of way because the light was green. ANSWER: Damages for personal injury cases vary depending on the case. There is no set amount of money, whether minimum or maximum, that applies to every case as each case is different. However, there are some basis to the awarding of damages, such as the more measurable economic damages.
QUESTION: I was hired to sell cars at a dealership here in La Quinta California. In 2005, my boss asked me to deliver a truck. As I was driving, I got into an accident with 4 other cars and hit my head really hard. I got down to check if others were hurt and there were about 10 people with injuries. When I went back to work, the boss asked me if the police showed up, and when I said no, he had the truck towed back to the dealership.
QUESTION: I gave a $1,500 retainer that I thought applied to the contingency fee which is the injury portion of the case. However, my attorney is charging 33% to my car repair recovery. Is this the norm? “LEGAL FEES, COSTS AND BILLING PRACTICES: You hereby grant us a contingent fee on your claims equal to thirty-three percent (33%) of any net recovery you may obtain. “Net recovery” means (a) the amount of any settlement, judgment, arbitration award, or other recovery received; (b) minus any costs advanced on your behalf pursuant.
QUESTION: My client is in a friend’s car. The friend causes an accident with a truck. The truck is also partially at fault. Friend’s policy limit of $15,000 was offered and truck offers $45,000. The client has UIM of $100,000. Can I make UIM claim here ($40,000) even though policy limits of truck are not exhausted? Ins. Code 11580.2 (p) 3&4 seem to apply but they seem to contradict each other. ANSWER: The insured’s right to under-insurance benefits does not accrue until after he or she exhausts the tortfeasor’s policy.
QUESTION: If you are making an under-insured motorist claim and there are two parties at fault, do you have to get policy limits from both parties before you can make your UIM claim? ANSWER: It would be important to get the policy limits of each party at fault because the Under-insured Motorist Coverage is triggered only if the tortfeasor’s (other driver’s) policy limits are less than claimant’s policy limits [Ins.C. §11580.2(p)(2)]. Thus, claimants are not entitled to under-insured motorist policy benefits where the tortfeasor has the same or higher policy.
Most bodily injury claims are settled before a lawsuit is filed, and initial settlement discussions will be with an insurance claims representative. But when injuries are costly enough and the torfeasor’s insurer becomes uncooperative, it is best to employ the services of a competent personal injury lawyer to represent the claimant.
QUESTION: I was in a car accident in August 2011 while I was in the military, and the other person is suing me for a lot of money that I don’t have. It will more than likely make me bankrupt and lose my house. I have insurance which should have covered $50,000 in medical expenses. What are my options? ANSWER: The great majority of personal injury claims are settled short of trial. However, some claimants in personal injury cases will file a lawsuit first before any talks about negotiation for.
QUESTION: I went to a bar and they over-served me with alcohol. If I got into a car accident after I leave the bar, is the establishment responsible for the personal injury caused? ANSWER: Those who supply alcoholic beverages to a person may be liable for injuries sustained by that person or by third persons as a proximate result of the alcohol consumption. Liability is predicated on the general principle that persons are responsible for injuries legally caused by their willful or negligent acts [(CC § 1714(a)].
If you refuse the breath analyzer test, the officer will have sufficient cause to ask you to take a chemical test. You cannot refuse the chemical test. Refusal to take the chemical test will result in the suspension of your driver’s license. All states have an implied consent law. Under this law, every person who applies for a driver’s license implicitly agrees to submit to a chemical test when stopped by the police on suspicion of DUI. Your driver’s license will be suspended if you refuse the chemical test. This.
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