Car accidents are complicated and expensive – especially when injuries are involved. When you have been hit, you might be wondering who will cover everything from the physical damage to your vehicle to the costs of medical care and therapy for years to come. Luckily, personal injury claims exist to do just that.
Keep reading this article to learn more about:
- Who will have to pay, and how you can make them do so with the help of a lawyer.
- What happens when you are injured by an uninsured driver or one without enough insurance.
- How your personal injury claim will be affected if you are partially responsible for the accident.
Who Pays For My Car Damage After An Accident Caused By Another Driver?
Drivers have several options when it comes to getting vehicle repair paid for after a car, truck, or motorcycle accident. Understandably, doing so is a high priority.
You can seek auto repair repayment from:
- The other party’s auto insurance;
- Your own uninsured, underinsured motorist policy or collision coverage, if you have any;
- Directly from the other driver.
In addition to auto damage-related expenses, the at-fault driver and their insurer are also responsible for the cost of renting a similar vehicle while the damaged one is being repaired.
Who Is Going To Pay For My Medical Bills While I Wait For My Car Accident Case To Settle?
Everyone deserves to receive medical treatment until they fully recover from an accident without worrying about how the doctor’s bills will be paid. Unfortunately, car accident injuries do not always appear immediately after an accident. The adrenaline rush you experience in a car accident can mask an injury simply because your body is in shock – and you may not experience pain until later that day or even a few days later.
As a result, whether or not you are feeling hurt, you should seek medical attention as soon as possible after a car accident so that you can start the healing process right away. This can make some Californians worry, however, especially with rising healthcare costs. Fortunately, there are several ways to make sure those bills are covered even before you reach a personal injury settlement.
For one thing, you have the option to rely on your health insurance to cover injuries from a California car accident. However, if you are in a car accident and have no health insurance, do not simply ignore your injuries. The healthcare provider must treat your injuries even if you do not have the ability to pay for them. The provider will work out a payment plan if you are uninsured or unable to afford treatment.
Your lawyer can also help. For example, your medical providers or medical insurance could file a lien with the help of your personal injury attorney. That way, all of your bills will be paid only when you get an injury settlement from the other driver’s insurance company. A medical lien will be paid from settlement funds before you receive the final settlement check, and if needed, our office can even work with your healthcare providers to negotiate a reduced fee.
How Are Personal Injury Damages Calculated In California Car Wreck Injury Cases?
In California, car accident settlements are calculated based on the insurance policy limits and all the various costs, harms, and losses you suffered as a result of the accident. This includes:
- Medical expenses,
- Legal expenses,
- The severity of your injury,
- Doctor fees,
- Surgery costs,
- Lost wages,
- Property damage,
- Pain and suffering,
- And more…
Attorney Kevin Levian is a compassionate and dedicated California personal injury lawyer based in Los Angeles. He has helped countless clients just like you navigate personal injury claims against big insurance companies and recover millions of dollars in compensation.
Having been in a tragic car accident of his own, he knows exactly what you are going through and what you need during this difficult time.
If you or a loved one have been injured in California, contact Levian Law today to schedule a free initial consultation.
Can I Still File A Personal Injury Claim If I Was Injured In A Car Accident Caused By An Uninsured Or Underinsured Driver?
California law requires drivers to have at least $15,000 in bodily injury liability insurance coverage for a single person injured in an accident in California. The policy must cover $30,000 for the whole accident or incident, about $15,000 per person. The insurance policy also usually provides $5,000 in property damage liability coverage.
These coverage limits might seem like they should be enough to fully cover the damages caused by a negligent driver in California. Unfortunately, some drivers face unexpected complications with their auto insurance claims while others do not even have the option of filing insurance claims against the driver who caused their injuries. For example, after a hit and run, or when the driver who hit you was not authorized under the car’s policy, or they missed a payment and their insurance refuses to pay as a result.
Once that happens, you have to look at available coverage under your own insurance. Hopefully, you have (UMBC). These policies will cover your personal injury costs up to the policy limit. Some people have $15,000, others $30,000, and some Californians even opt for a hundred thousand dollar limit to cover everything in case someone without any insurance coverage injures them.
The Other Driver Was Clearly At Fault For The Accident. Do I Still Need To Hire A Personal Injury Attorney?
Taking time to learn about before accepting a settlement offer can increase your chance of receiving maximum compensation for your claim.
For example, imagine the other driver is at fault, you have medical damages of $100,000, and their insurance policy limit is only $15,000. They show you that their insurance has $15,000, so you sign the settlement agreement thinking it is all that is available to you. In reality, you may have just signed away $85,000 of compensation.
If you get a lawyer involved, they would see that $15,000 cap – but they won’t stop there. An experienced personal injury lawyer will ask to see the at-fault party’s homeowner’s insurance policy, as well as all their other insurance policies. That is how they could discover the driver’s “umbrella policy” of $1 million.
In fact, this is exactly what happened when an innocent woman was struck by a careless Uber driver in a parking lot…
First, the insurance company tried to blame the woman, saying she was on her phone. Then, phone records provided by her attorney proved otherwise. Next, they tried to say they couldn’t pay more than $15,000. Then, her personal injury lawyers dug and found out that the at-fault driver’s employer insurance could apply to the case at hand.
The result? Instead of walking away with a fraction of the coverage that she was entitled to, this woman was able to claim a total of $1 million dollars to cover the full spectrum of damages that she suffered as a result of the careless driver’s negligence.
Can I Still File A Personal Injury Claim If I Was Partially At Fault For The Car Accident?
California operates under the system known as comparative negligence. This legal principle allows you to recover damages even if you are partly to blame for the incident. However, the compensation you are awarded will be reduced by the percentage of your fault.
For example, if you are found to be 30% responsible for an accident, your final compensation amount will be reduced by 30%.
What if you are a passenger and the driver of your vehicle is at fault? Then, you’ll get the driver’s insurance policy information and will be able to get full compensation from the insurance company for your injuries.
What Will Hiring A Los Angeles Car Accident Attorney Do For My California Personal Injury Case?
Hiring an attorney who works in the location where your accident happened is not required. Your attorney can have an office in San Francisco or in Los Angeles and still help clients from Sacramento all the way down to San Diego.
What matters most is the skill, empathy, and effectiveness of your attorney. You want someone who will do everything that they can to help you recover compensation for your injuries, lost wages, and other expenses. Someone to navigate the personal injury claim process and legal system to ensure that your rights are protected. You want someone like Attorney Kevin Levian.
For more information on Filing An Auto Accident Injury Claim In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-8869 today.
Attorney Kevin Levian is a compassionate and dedicated California personal injury lawyer based in Los Angeles. He has helped countless clients just like you navigate personal injury claims against big insurance companies and recover millions of dollars in compensation.
Having been in a tragic car accident of his own, he knows exactly what you are going through and what you need during this difficult time.
If you or a loved one have been injured in California, contact Levian Law today to schedule a free initial consultation.
