I am a 25 year old who was a passenger in a car crash( just so happens that driver of my vehicle was an uninsured motorist) a year ago on the california freeway;that resulted in 2 fractures to the lumbar section of my spine, a non-union fracture to my wrist (scaphoid) that I later had to have surgery on to implant a 28mm screw and small bone graft, lacerations to my eye lid and mainly my chin from the passenger window exploding. PSurgeon had to come in and remove shards of glass from it. That left a large uneven 2inch scar on my chin that the doctor recommends I have cosmetic surgery on. I have a low income job that I acquired After the accident so i'm not really expecting anything in regards to lost wages. I have photos of the totaled car and my face the ER.(hospital stay was 6 days) and I am going through a claim with my own insurance and have been mailing copies of all doctors visits, bills, surgery centers, etc. I still can only bend my wrist 25% of the motion I had prior to the wrist surgery and am still attending physical therapy. The cost of my medical bills currently is over $ 60,000. I am wondering what the normal "pain and suffering" compensation would be roughly and if they will cover me for back/wrist problems in the future? Any other areas that I should be compensated for? Do I need a lawyer to make sure I'm properly compensated and that they take into account any future medical bills or can I make my own demand letter and proceed without one? Any other details about the proper path I should take on this matter would be greatly appreciated..
Sorry about that, got a bit ahead of myself..
I was the passenger in my girlfriend's car. She had NO car insurance at the time of the accident. She was 100% at fault. She made an improper lane change and lost control. So I end up in the ER and I had no health or car insurance at the time... Turns out my fathers aaa covers his immediate family. So all my doctors visits, bills etc. are being paid by my family and aaa has been reimbursing them with checks . Just mailed in my authorization papers to release medical records from all doctors,hospital,etc. so smooth so far.. I hope that clears that up ..thanx!
Answer by Howard L
The first question is who was found at fault in the accident? Second question is if it was the other driver what are his insurance limits? The reason for the questions to know who you should sue and if you win can you collect?
You sue the at fault driver. Just as a wild guess what if your injuries might be "worth" several hundred thousand dollars. Your driver was not insured and unless the other driver was very well insured your medical bills may have already put him over his policy limit. I think you will find that most people don't carry much more than the legal minimum insurance and you are already well above that. You may have to collect from the individuals so what do they own and what is their income? There may be nothing to sue for or you might get a court judgment that will be impossible to collect.
You might consult with a lawyer. You don't have to sign a retainer agreement. If nobody has "deep pockets" you probably won't find a lawyer willing to take your case.
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I'm glad to hear your medical bills are being covered by your fathers AAA, but your girlfriend is still responsible for your medical bills. The AAA will probably sue your girlfriend to recover the bills they paid on your behalf. If she happens to be underage, unlikely I know because you're 25, they will go after her parents for the money. You will have to sue her (or her parents if underage) to get anything for pain and suffering but you won't get anything until after AAA gets their $ 60,000 back. Even if she has nothing they will probably get a judgment against her and wait for their money plus interest, 50 years if they have to. The bad news for your girlfriend is that if AAA gets a judgment against her even if she declares bankruptcy she will still owe the money. Debts accumulated as a result of negligence or a criminal act (driving without insurance) survive bankruptcy. She probably will never own any property or obtain credit of any type until AAA gets their money. Since California is a community property state they may be able to go after her husband when she marries. When she chose to drive without insurance she bet her entire future that she will not have a serious accident and she lost the bet.
Unfortunately it looks like you won't get anything for your pain and suffering or your disability.
Back to your original question. She didn't have insurance so there is no adjuster. Your medical bills get paid by AAA but that's it.
Answer by entidtil
I'm puzzled. You seem to be saying you were a passenger in your own insured car that an uninsured person was driving??? ("I am a 25 year old who was a passenger in a car crash, just so happens that driver of my vehicle was an uninsured motorist)" If I have that right, the driver (uninsured or insured has absolutely nothing to do with insurance matters. Your policy must take care of everything. You say...."I am going through a claim with my own insurance " but you don't say if this your health insurer or your own automobile insurance. if it is your health insurer, they will not pay for "pain and suffering". They will only pay medical bills. I suspect though that you are using you own Auto insurance. Since it is unclear exactly whose insurance you are claiming against, it is impossible to answer your question about pain and suffering compensation and hiring a lawyer. Clear it up and I'll try to answer.
Later:
Thanks for the clarification. Since you or her had no automobile insurance, the bottom line is, if you want "pain and suffering money, you will have to sue your Girlfriend. You cannot get pain and suffering money from a health insurer.
Answer by oklatom
If you allowed someone to drive your vehicle, as it seems by your question, his or her insurance status wouldn't matter since they were driving under your insurance. So your injury would be covered on your own policy, up to the limits of your policy. If there are remaining amounts, you may be able to get a judgment against the person driving, collecting would depend on his assets if any.
As to needing an attorney, that would seem to depend entirely on what your insurance offers, and why. Seems a bit early to consider an attorney at this point.
Answer by CD2007
If you're using your own insurance to cover the medical bills, you won't get any pain and suffering from them. That isn't covered.
You would pursue the at-fault driver for pain and suffering. If your friend was at fault, you would have to file suit against him because he is uninsured. If the driver of the other vehicle is at fault, you would have to file a bodily injury claim against the drivers insurance, in which case, you can make a pain and suffering claim.
In any case, considering the extent of your injuries and the anticipated length of your rehabilitation, you may want to consider an attorney. I don't love attorneys getting involved in minor accidents, but I think this case warrants one. Good luck to you
Answer by MM
Get a good lawyer right away.
Answer by Cowboy Bill
So.... who are you going to 'demand' compensation from? Your dad's AAA insurance? They're not liable for the loss, they're just covering your medical expenses under a paid policy so you have no pain & suffering claim with them at all. You will have to sue your GF for that.
Good luck..
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Orignal From: Auto Accident Insurance Claim Game with the Adjuster..What are the Ins-and-Outs?
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