Legal Question in Personal Injury in California

Really depends upon the reasonableness of the medical treatment and the billing. Based on the facts, trying to proceed under underinsured is your best bet. If the underinsured is minimum ($15k), you cannot get anything from it (U/M is not in addition to... you subtract the recovery you received from the underinsured motorist). Would be more than happy to meet with you and give you a plan of action for a 1 hr consult for $250. (818) 783-7998

Uninsured (which always includes underinsured motorist) coverage would cover the balance of your damages up to the limit in your friend's policy. That does not depend on your friend's fault. You might also have uninsured coverage under your own policy if you have higher limits than the liability coverage of the other driver and the uninsured limits of your friend's policy. There might even be higher uninsured coverage in a policy of a close relative of yours with whom you live (such as a parent).

If you think your friend was at fault then that is a liability claim against your friend payable by his insurance company under the liability coverage and you will have to prove he is partially at fault for the accident which may require litigation that is costly and takes time. If you are paid under the uninsured motorist coverage of your friend's policy then his insurance company will be entitled to a credit for the uninsured motorist benefits and medical payment benefits you receive if you sue your friend. Therefore, if there is substantial uninsured limits in your friend's policy it may not be worth it to claim he was partially at fault. You can see how this is complicated and you should have expert representation to get maximum benefit in your case.

My law firm handles passenger car accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

Plan?

You don't get to 'go after' your friend's insurance company, you get to make a claim on and sue your friend. His insurance then provides him legal defense and coverage. If he has sufficient insurance coverage, your claim should be for the rest of your medicals plus something for your 'pain and suffering'. That's what attorneys do and know how to obtain the best recovery for you, based upon all the facts of your injuries, treatments and permanent disabilities. With that much in medical expenses, your case should have enough settlement / verdict value to make it worthwhile pursuing. If serious about hiring counsel to pursue your claim, feel free to contact me.