Legal Question in Personal Injury in California

I want to file a third party claim after a car collision. I was not at fault. Hit while stopped at a red light by DUI driver. What are my obligations to my own insurance company? Is it possible to purchase some legal advice on an hourly basis if I run into problems?


Asked on 8/20/09, 9:51 am

3 Answers from Attorneys

BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Your obligations to your insurance company are to cooperate in the investigation by providing a statement to the the carrier if requested and to fill out authorizations to obtain medical records if you are making a medical pay claim under your policy.You do not owe these obligations to the third party carrier as you are not contractually related to the third party carrier.Yes it is possible to purchase advice on an hourly basis at 125.00 per hour with a one hour minimum charge.This rate is a discounted rate to guru clients as my normal hourly rate is 225.00 with a one hour minimum.

Bruce Nelson

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Answered on 8/20/09, 10:15 am
George Shers Law Offices of Georges H. Shers

Mr. Nelson's answers are entirely correct. Assuming you have coverage for the damage to your vehicle, your own insurance carrier should pay you for your damages [cost of repair or fair market value of car, which ever is less] and then go after the other driver's insurance carrier for reimbursement. You may also have coverage for a rental car; often the insurance company limits it to $15 per day but you can argue with the adjuster that it is not possible to find a rental car for that little and in a suilt against the third party you would not be so limited.

Your insurance company will not pursue the other carrier for any of your personal injuries, but they will tell you if the other driver has insurance coverage and claim number, etc. If you have med pay your carrier will handle that, but many seek reimbursement of those expenses; if you have your own medical insurance, they may not pay because they are secondary to the auto med pay policy coverage. If the other driver is convicted of a felony [one year jail time] and beilng DUI, you are entitled to collect your attorney fees from him. But you need to find out if he has any assets that you can enforce a judgment against.

If, as usual, he is largly judgment proof, you may have an underinsured motorist claim against your own insurance policy.

Since I am retired and work out of my home, I only charge $100.00 per hour or fraction. I enjoy giving the legal type advice you might seek and have a large amount of experience in these types of cases. I hope, however, that things go easily enough so that you will not need legal advice

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Answered on 8/20/09, 11:21 am
Michael Stone-Molloy The Lion's Law Office

Sir, there is no reason why you should pay a dime up front for representation on this case. I can take this matter on and put money in YOUR pocket. My fee is 33% of the final recovery. If there is no recovery, there is NO FEE. I charge ZERO dollars for the initial consultation, and you can even call me on a toll-free number: 877-LION-FOR-LAW.

You have a good case and you can get paid on it, but you need aggressive professional representation, and I can provide that to you for no out-of-pocket expense, so call today!

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Answered on 8/20/09, 1:20 pm


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