Legal Question in Personal Injury in California

Re: Follow up to earlier question: Injured passenger of DUI driver

If you were injured as a passenger, you could be covered under his Med Pay coverage---if he has that--and his liability coverage if he was at fault.

His insurance would pay--not him. Filing a claim would not change the criminal charge against him--that stands on its own. If you're in Orange County or nearby, contact me. You have to get proper medical care with proper documentation if you're going to make a legal claim.

Re: Follow up to earlier question: Injured passenger of DUI driver

Your filing of a claim will have no negative impact on his criminal charges. It would however get you paid for your out of pocket expenses, compensation for your damages and injuries, plus something for your 'pain and suffering'. It is a normal PI case. As long as he has insurance, it doesn't come out of his pocket. Feel free to contact me for the legal help you need to do this right.

Re: Follow up to earlier question: Injured passenger of DUI driver

I need more information to help you. When was the accident, have your shoulder and eye injuries been diagnosed by specialists (if so, what is the diagnosis), how much are your bills so far .. . ?

Hiring a lawyer does not effect your friend's chances of being charged. Where did the accident occur? You can email me back at: [email protected]

Re: Follow up to earlier question: Injured passenger of DUI driver

Hello.

If the driver of the car where you were a passenger was insured at the time of the accident, his policy will cover your injuries and other damages, such as pain and suffering, etc...

It is possible that some of the fault will be attributed to you and will reduce your recovery if it's shown that you knew that the driver was drunk but voluntarily assumed the risk of being a passenger in his car.

Your pursuing a civil claim for damages is not going to make any difference to the criminal charges against him as these are two completely separate and unrelated actions.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Injury Lawyer

http://www.arkadylaw.com

Re: Follow up to earlier question: Injured passenger of DUI driver

Look out for #1, bro

Re: Follow up to earlier question: Injured passenger of DUI driver

You should relax about your friend's situation. Making a general claim for damages beyond your medical bills should not worsen his situation. With the injuries you described, it was obvious to police right on the spot that this was an injury accident DUI, so his situation there is already set.

I am sure they will charge him. Your suing will not change that. You could not stop it even if you called the prosecutor and ASKED him not to charge him. I base that statement on 35 years of criminal defense and personal injury litigation experience.

You certainly should get an attorney and file a claim for your damages, medical bills, future medical expenses, scarring, if any, pain and suffering.

And yes, the insurance company WILL pay the damages. They'll have to. If you are in Northern California, you can give me a call, weekends are okay as well. I hope I can help you.

Re: Follow up to earlier question: Injured passenger of DUI driver

Sorry to read about the accident. To respond:

1. While solely have handled car accidents for 20 years, do not believe this would have any effect on a criminal charge; however, am sure there will be others that will comment on this issue.

2. The insurance claim for your bodily injuries would probably be with the driver's car accident insurance company. The fact he got into an accident has already affected his driving record and insurance rates.

3. If our firm handled this matter, we would want you to be seen by a medical specialist for each one of the affected areas, e.g., you eyes, knee, shoulder, neck, etc. Remember, you only get one settlement, so, you have to get it right the first time.

We would also be concerned about future medical treatment.

4. Please visit www.SeriousAccidents to read about the statute of limitations. the legal time limits to file a lawsuit (should it be necessary).

5. You should hire a lawyer. Why? The insurance company is going to probably ask what were you doing in a car with a drunk driver. Strongly suggest that you do not speak with anyone until you've spoken with an attornery.

6. For you, the issue is not whether you're going to get/need an attorney, it's whether or not you're going to get a good attorney.

Please let us know if we can help and of course, am pleased to answer questions by phone, see website. Don't know where you're located, but, we handle cases all over California and are quite accessable.

Best,

Mike