Legal Question in Personal Injury in California

My husband was in an auto accident two weeks ago. He was rear ended then pushed to rear end the car in front of him. They were stopped at stop light. Everyone was not injured except my husband. It was hard to communicate beacause both vehicles did not speak english, quite frustrating. My husbad called our insurance co. and they advised him to take their ins. info and go home. Since then he is having back and neck pain and has been seeing a doctor. He is very uncomfortable and stressed out. We were told that our car was probably going to be fixed but just received message that the car cannot be fixed. I have a loan on my car for about 3,000. But my car is only blue booked at 2,500. It's hard to believe that we have to suffer and reap the burden this had caused when it was not our fault, the dr. visits, the extra fee for car rental after what ins. pays, etc. We have never been through this before and just do not want to be taken advatage of. We are down to one car, a 95 jeep, to get him back and forth to work 22 miles away. Ugh anyway, just need to know what we are entiltled to.


Asked on 10/27/11, 11:09 am

2 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

You are entitled to medical care and pain & suffering. As to the property damage, unless you have gap insurance, you may be left with a $500 deficit. However, you are entitled to "loss of use" which usually pays at $25 per day from the time of the accident up until the insurance company makes an offer on the car. That could help make up the difference.

As to the pain and suffering part, the insurance company will NOT give you what you deserve unless you are represented by an attorney. That's just a fact. If you want to discuss the case in more detail, I would be glad to speak with you. No obligation, of course. Just call our toll-free number (877) LION-FOR-LAW (546-6367) or email me at [email protected]

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Answered on 10/27/11, 11:20 am
terrence rubino rubino ruman crosmer smith and sersic

you should contact a calif lawyer in your area that does injury work. usually the initial consultation is free and normally in cases like this the lawyer works on a % of the recovery. the best source to find a lawyer is word of mouth but if that isn't practical then contact the state's trial lawyers association and they will have a listing of trial lawyers in your area. you do have a valid claim. re the car, do the best you can with your carrier and they will chase the other's carrier if any. if the other is uninsured you may have uninsured property damage and bodily injury coverage. when going to a doctor use your health insurance first and the medical pay on your auto coverage as a backup. good luck!

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Answered on 10/27/11, 11:43 am


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