Legal Question in Personal Injury in California

Personal injury and uninsured motorist

I was hit from behind by and uninsured motorist. I have uninusred motorist coverage with a limit of $5,000 for medical benefits. Before I reached this total amount, my insurance declined further payment of medical, stating they didn't feel I needed that much care for my injuries.

They paid me for my car which is OK.

They have not paid around $1,800 to my doctor and have not paid me anything for pain and suffering.

Question is: Does this seem right that the uninsured motorist (I have name and address) should walk away from an accident and leave me to deal with all the insurance crap? And how do I get my unpaid medical paid for?


Asked on 3/25/04, 12:04 pm

6 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Personal injury and uninsured motorist

First, you should have two different coverages on your policy. Uninsured Motorist coverage has a minimum amount of $15,000.00. And it seems you have Med Pay for $5000.00. The UM covers medical bills, wage loss and pain and suffering. Ins. companies frequently decline to pay bills by saying they are too high or not needed. You'll need a PI atty to review everything and take your case to arbitration if your company won't treat you fair. The uninsured motorist will usually have his license suspended and may have to pay your ins. co. back later on. If you are in the Orange County area, I'd be glad to provide a free consult to assess your situation and see what's best for you. Sam Eagle 714-963-5123.

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Answered on 3/29/04, 7:19 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Personal injury and uninsured motorist

Usually uninsured motorist coverage has the same limits as the minimum amount of liability coverage or $15,000 per person, $30,000 per incident, unless you request higher coverage. It sounds to me like you are talking about Medical Payment coverage. I would request a copy of the Declaration sheet from your insurance policy to see what your coverage actually is. If you do have 15/30 UM/BI coverage then I would talk to an attorney, if not I would send them a letter requesting arbitration of the amount.

If you would like to have me give you a free consultation give me a call at 818-427-6246.

Norm

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Answered on 3/29/04, 2:34 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Personal injury and uninsured motorist

Welcome to organized crime in the form of an insurance co. Forget any advice you get from the internet. You need an attorney. If interested please send your phone number.

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Answered on 3/29/04, 2:44 pm
Terry A. Nelson Nelson & Lawless

Re: Personal injury and uninsured motorist

You can sue the person that hit you, for whatever that is worth - if he had no insurance, he probably has no assets either, and he can file Bankruptcy if you win anything. You can appeal and arbitrate your insurance Co decisions, good luck. Next time, raise your UM and Med policy limits, it is cheap.

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Answered on 3/29/04, 2:52 pm
A. Russell Martin Law Office of A. Russell Martin

Re: Personal injury and uninsured motorist

All California insurance policies must provide uninsured motorist coverage in the amount of at least $15,000/person and $30,000/incident. This is implied in all insurance policies even if it is not stated explicitly.

Your posting underscores the fact that it is crucial to get professional assistance with personal injury claims. Insurance company representatives may seem friendly, but they are only interested in paying you the least amount you are willing to accept. This is why you must never make statements to insurance representatives without first consulting an attorney. Tragically, many people discover this after it is too late. I would be happy to help you with your case if you are in the Bay Area. Contact me for a free consultation. My phone number is (415) 364-1604 and my e-mail address is [email protected]. You can find out more about my services at http://www.lawguru.com/users/law/litigator/index.html.

Please be advised that your claim can be lost forever if you fail to file it with the court in time. This is true even if you are in the process of negotiating a settlement with the insurance companies. Also, be sure to gather and preserve all evidence regarding your accident including, without limitation, (1) photos, x-rays and scans of your injuries; (2) photos, diagrams and other documentation regarding the accident scene and property damage; (3) police and medical reports; (4) contact information for witnesses; etc.

There is a reason why professional licensing is required to litigate cases. Legal issues involved in personal injury claims can get complicated if you lack the requisite knowledge and experience. Consequently, it is imperative that you get the strong, aggressive representation you need to win. I am available to help if you want.

Best of Luck,

Russ Martin

(415)364-1604

[email protected]

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Answered on 3/30/04, 7:29 pm
Steven Kuhn Steven Kuhn

Re: Personal injury and uninsured motorist

You have a right to demand uninsured motorist arbitration. The insurance company has a duty to act fairly with you. Have your doctor write a report and explain why all of the treatment is needed.

You can also hire an attorney and have the attorney pursue the claim.

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Answered on 3/29/04, 4:05 pm


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