Legal Question in Insurance Law in California

Uninsured Pain / Suffering

If person A and B was in an accident and person B was in fault and had insurnce but person A didnt have insurance. Person A would like money for her doctors bills which equal 600.00 and is told she needs six weeks more of medical treatment but has not gone yet. Can person A get money for the 600.00 plus the amount that would cost her for the rest of the six week treatment in advance? If not why since it doesnt fall under prop 213 since its for medical purposes.


Asked on 7/21/04, 5:52 pm

1 Answer from Attorneys
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Uninsured Pain / Suffering

Most likely not. B's insurance co. will not pay for medical bills not incurred yet. Even if A goes to the doctor for 6 more weeks, B's ins. may still not pay those bills if the treatment was unnecessary or unreasonable beyond the initial $600. By the way, under Prop. 213, person A is ONLY entitled to medical bills, lost wages and property damage...no pain and suffering. The "future" would meds clearly fall under Prop. 213 and may be recoverable, but don't expect B's ins. co. to just pay you without going and you can then spend that money on something else. Good luck and thanks for your question.

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Answered on 7/22/04, 4:32 pm


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