Legal Question in Personal Injury in California

What part of the medical is payable

My medical bills totaled about $2000.00. My private medical insurance negotiated the price down to about $700.00 of which I had to pay about $200.00. What amount is the other drivers insurance company responsible for? The other driver was totaly at fault.

Asked on 8/14/01, 12:09 am

3 Answers from Attorneys


Re: What part of the medical is payable

All of your medical bills are payable by the at fault driver and more. Lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. You need to obtain representation immediately so as to have the reserves set at the highest possible level. Moreover, don't talk to the adjuster!!! Everything you say will be used to minimize your claim or skirt liability. The insurance companies have attorneys to protect thier rights, why don't you? Please contact me directly at (619) 222-3504.

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Answered on 8/14/01, 1:49 pm
Russell Kohn Kohn Law Office

Re: What part of the medical is payable

My office always claims the full amount of the medical charges as one element of our client's damages. There is a legal doctrine called the collateral source doctrine, which precludes the negligent party from offsetting damages by payments made by the victim's own insurance. Recently, the defense tactic is to argue that a victim is only entitled to claim the amount actually accepted by the provider as payment in full for the services. The case they rely on is in our opinion limited to medi-cal payments, and the wrongdoer should not reep a windfall by the victim's insurance negotiated rate with the provider. Don't forget to claim your other damages as well, such as money for pain and inconvenience, and any lost earnings.

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Answered on 8/14/01, 4:55 pm

Re: What part of the medical is payable

Please call me for a free consultation at

(800) 500-0602 or (714) 639-6582.

I will gladly discuss this matter for you.

I worked for insurance companies for years and now go after them and will help you if possible.

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Answered on 8/14/01, 8:52 pm

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