Legal Question in Insurance Law in California

Compinsation due to and auto accident caused by another

I was involved in an auto accident and the other party was found to be at fault in the report by the Cal. Highway Patrol.My auto will be covered by my insurance but what about personal compinsation for me and my family.I could't afford a rental car. so I had to use my second car for everything.Can I include the extra milage in the settlement?I have the non-drivable wrecked car in my garage(totaled),Can I include storage fees for this?What are the rights for claims.Also my chest hurt for weeks after. The other parties insurance carrier offered $1500 less for my vehical and wanted ME to pay for the removal fees.


Asked on 7/20/00, 10:23 pm

2 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Compinsation due to and auto accident caused by another

You have a personal injury claim against the other driver for pain and suffering, loss of use of property, medical bills, loss of wages ect. You are certainly entitled to compensation. Were you treated for these injuries? How long ago was the accident? Did you ask for a rental car from the insurance company because you were entitled to one! If you were not treated for the injuries that you sustained it may limit your total settlement but if the accident happened recently you can still go to the doctor to be treated for your injuries. It sounds like no one told you about your right to compensation and since the only person you dealt with was the other driver's insurance company adjuster this doesn't surprise me. I would need additional information from you before I could give you an estimate as to what you should expect as a settlement for this case. You only have one year from the date of the accident to file a personal injury claim so you don't want to waste time. If your car was totalled than your injuries may have been more severe than you thought and you should see a doctor just to make sure everything is fine. If you would like to discuss the matter in more detail please feel free to contact my office for a free, no obligation consultation. My toll free number is 877-546-9918. You need to speak with an attorney regarding this matter so if you do not contact my office please contact an attorney somewhere.

Sincerely,

John Hayes, Esq

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Answered on 9/11/00, 10:20 pm
Jeffrey Zinder Zinder & Koch

Re: Compinsation due to and auto accident caused by another

The fact that the CHP report faults the other driver is a good point but the report is not admissable evidence and you must protect your rights. You must file a lawsuit within one year of the date of the accident to obtain recovery for your injuries. There are many potential damages that you may have incurred and your question raised several of them. If you would like an appointment to go over your options please contact my office at 818-760-0100. The other insurance company may be responsible up to its policy limits for all damages reasonably related to the accident.

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Answered on 9/12/00, 11:57 am


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