Legal Question in Personal Injury in California

I was injured in a motorcycle accident as a passenger in May. My personal medical insurance company paid a portion of the bills and I am responsible for paying the rest. The person I was riding with (who was at fault) has an insurance policy with a $100,000 limit for personal injury claims. I was told that under PA law (where the insurance company is) there is no medical claim for a passenger, only a personal injury claim. What is the difference? When I spoke to the agent for his insurance company, I was told that that the settlement we would eventually make was only for the injury, and any bills I was responsible for, not for any other medical bills. My question is whether I would have to use the money from the settlement to pay back my personal medical insurance company for the bills they covered. The amount of my bills so far exceeds the policy limit of the rider's insurance company. If I do have to reimburse my personal medical insurance company, a large amount will still end up coming out of pocket. At that point, would I have to file a lawsuit against the rider personally to recover the rest of the amount for my bills? Also, if that I do have to pay my medical insurance comapny back, does that mean I will not recover anything for the permanent pain and suffering I will have to endure from this accident? My worry with hiring an attorney is that personal injury lawyers typically keep 40% of whatever the settlement is, and if I'm already having problems having enough money to pay for everything, this will only add more problems.


Asked on 9/14/09, 6:55 pm

1 Answer from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Your medical expenses are negotiable. If they exceed the policy limit, an experienced attorney can reduce them to a level that you receive some compensation for your pain and suffering as well. We had many cases like yours that the medical bills from different medical providers and they were outrageous and there was not enough money to cover even 1/3 of the expenses, but at the end they all agreed to take a substantial cut (some instances 1/10 of their billings) for various reasons. Feel free to call us at 213.388.7070 for a free consultation and tell us the date of the accident and the breal-down of itemized medical bills.

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Answered on 9/14/09, 7:42 pm


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