Legal Question in Personal Injury in California
Same insurance for both parties in accident
Still suffering from neck pain, from an accident during the summer. My auto insurance policy is covering my medical bills. The person who was at fault, their policy is covering a settlement for pain and suffering. We both have the same insurance company. They have been lagging when paying bills and the other person's claims adjuster offered me a settlement a couple thousand less then the cost of my medical bills. I think I am entitled up to 3X my medical expenses. The adjuster claims it is based on the inconvenience it has brought me. I have had 5 months of physical therapy and over $5,000 in medical expenses. Do I have a time limit? Should I get a lawyer?
4 Answers from Attorneys
Re: Same insurance for both parties in accident
OF course you have time limits, probably one year; and yes you should get an attorney if the ins co is stiffing you as usual. No you are not "entitled" to up to 3X - that is an old rule of thumb no longer of much value. Every case is different and recovery depends on effectiveness of counsel, and obviously depends upon the facts and injury.
You need a lawyer.
You need a lawyer. Consider me for the job and contact me for a consultation.
Re: Same insurance for both parties in accident
There is no automatic 3X's anything. The case has to be analyzed on its own merits. It is very common for the ins. companies to offer very little on soft tissue cases. That is becuase juries award very little money. You do have a time limit. If your accident was after Jan. l, 03, you have two years from the accident date to settle or file. If the accident was in 02, there is only one year unless the ins. co. extends the statute. You probably do need an atty. If you are in the Orange County area, I'll give you a free consultation and if all looks good, I can handle this for you.
Re: Same insurance for both parties in accident
Get a lawyer. In my experience without a lawyer the insurance company will always try to give you the shaft. The adjuster works for them. Don't be fooled by feigned sympathy. Get a lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
