Legal Question in Personal Injury in California
passenger in a vehicle involved in a accident
I was the passenger of a vehicle involved in a accident. The car I was riding in got cut off by a another vehicle. The other driver takes responsibility for the accident and both drivers are licensed and have insurance. Due to the impact of the accident my head hit the windshield and both drivers side and passengers air bag deflated. Both the driver and I were admitted to the hospital he suffered from a leg injury. I can't remember to much about the accident but have alot of swelling in my face and have neck pain due to the air back deflating along with other minor aches and pains. I do not have any health insurance and want to know if he is responsible for my E.R bill or am I?
4 Answers from Attorneys
Re: passenger in a vehicle involved in a accident
The other driver is responsible, but you should also make a claim with your friend's insurance company in case the other driver and his insurer don't come through -- which might happen if his policy limits are low.
Re: passenger in a vehicle involved in a accident
I am sorry to hear you are hurt. While Mr. Hoffman's response is correct in that the other party is "legally" responsible for your ER bill, if you do not pay it, it may go to collections and negatively affect your credit. That is one of many unfortunate real effects of once one is involved in an accident. You should immediately consult with an experienced attorney and also seek medical treatment for your injuries. I will be glad to discuss this matter further with you.
Just in case, if you owned the car and had car insurance "med pay", you should present a claim to that company for your medical bills.
Good luck and thank you for your question.
Re: passenger in a vehicle involved in a accident
both your driver and the other car are liable. You should not have to use your insurance. This is a classic PI case, with the value determined primarily by your injuries and medical expenses, plus wage loss, pain and suffering, etc.
Contact me if interested in getting legal representation to recover the full and proper value of the case.
Re: passenger in a vehicle involved in a accident
You may have several claims under different ins policies. When you say, "is he responsible", are you referring to the driver of your car? That person may not have legal liability but you need to check on his insurance coverages. Does he have Med Pay on his car? Next, of course, is the responsible driver. And, if you have insurance on your own car, you may be able to utilize your own coverages even though your vehicle was not involved in the accident. It could get complicated and certain coverages have to come first. If you are in Orange/LA county area, I would be glad to give you a free consultation. You may need an attorney.
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