Rear ended and need some advice

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Latest post 10-31-2008 1:06 PM by LiberateMe. 4 replies.
  • 10-30-2008 9:19 PM

    Question [=?] Rear ended and need some advice

    Hi there.
    I was rear ended in California a few months ago. The at-fault driver was going about 50 to 60 mph. Both of our cars are compact cars. There are over $11,000 damages to my car (2005 Corolla) and deemed a totalled lost. The at-fault party's car is 1988 Camry would seem to be totalled too. The at-fault party's insurance have accepted liability.

    My injuries from that accident are the familiar back and neck pains. There is also a pain/numbing/tingling/weaknes sensation on right arm. It starts at the shoulder and radiates all the way down to my fingers. EMG test shows that I have Carpal tunnel and Guyon tunnel on the wrist from the hand in question. MRI shows that I have a disc protrusions at c5-c6,c6-c7 and it pushes to the right side and causes foraminal narrowing on the right side.

    My auto insurance's med-pay limit have been used up and I don't have health insurance. I have talked to an attorney and he advise that it may not be in my best interest to hire him yet. He explains that since the at-fault party's car is so old that it may not carry enough coverage to cover even my medical bills. I have since sent a demand letter for policy limit disclosure to the other party with some of my medical findings. They have not responded.

    Is there any way to put my medical bills on a lien without an attorney? Is there any other recourse?

    All advice is welcomed.
    Thank you
  • 10-30-2008 9:23 PM In reply to

    re: Rear ended and need some advice

    I forgot to add that my own underinsured insurance is $25k and even that is barely enough to cover the medical cost up to this point.
  • 10-31-2008 11:40 AM In reply to

    re: Rear ended and need some advice

    "He explains that since the at-fault party's car is so old that it may not carry enough coverage to cover even my medical bills."

    With all due respect to the lawyer that told you this, this makes NO sense at all. Liability insurance covers damages caused by the insured to OTHERS. The quality or age of the car that a person drives might be a relevant factor in determining whether or not to carry collision coverage and what sort of deductable would be appropriate, but those things have no direct relation to the amount of liability coverage a person carries. As you probably know, CA law requires liability insurance of at least $15k per person/$30k per incident. While there is probably some correlation between a person driving a 20 year old car and an inability or lack of need to carry more than minimum coverage, there certainly is no direct relationship between the two.

    "I have since sent a demand letter for policy limit disclosure to the other party with some of my medical findings. They have not responded."

    The other party has no obligation to disclose the terms of his policy to you until and unless you sue him. That said, I certainly agree that it is a good idea to try and find out how much coverage he has (either directly from him or from his insurer).

    "Is there any way to put my medical bills on a lien without an attorney?"

    You can ask your providers about this.

    "Is there any other recourse?"

    I'm not sure what you mean? Other than what? You can either settle with the other driver and his insurer or you can sue.
  • 10-31-2008 1:06 PM In reply to

    re: Rear ended and need some advice

    Thanks for the response.

    My apologies to the vague second quesiton "Is there any other recourse?". I was still talking about my medical bills. I was just wondering if there is any other option to delay paying them(just for a little while).

    I might just try to negotiate a payment plan with them.
  • 10-31-2008 2:47 PM In reply to

    re: Rear ended and need some advice

    The other driver's insurance company has no obligation to provide you with an information about his policy, although you can typically get it during the discovery phase after a lawsuit is filed.

    A 1988 vehicle doesn't necessarily mean that he's got low limits. There are lots of other factors.

    You might the opportunity drive by his residence and check out where he lives and what other vehicles he might have.

    If he's a homeowner chances are good that he has higher limits.

    As for whether your bills can be a lien against your claim, obviously they will be if you don't pay them. But it's up to your medical providers whether or not they'll delay collection efforts till you settle. You'll need to ask them.

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    • to keep and bear arms,
    • shall not be infringed.
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