Auto Insurance, Injury Claims?

Question

My boyfriend was hit by a drunk driver while working. Any advice on the best way to collect for injury etc.? State of California

Answer 1

1- you must obtain a police report for this accident.

2- you have to hire a car accidents and injury lawyer and they are available in the news papers.

3- if he accept your case you.llnot have to pay him unless he win the case

good luck

Answer 2

He DOES NOT need an attorney.  The settlement value does not go up just because you have an attorney.  Adjusters are not intimidated by attorneys and do not offer additional monies just because there is representation.  In fact, your boyfriend will get less of a settlement since the attorney will take at least 1/3.  

Call the insurance company and report the claim.  The claims adjuster will explain the claim's process.   Once your boyfriend has stopped treating, the case will be evaluated based on the nature and extent of his injury, treatment, disability(total/partial) and permanency, if any.  Medicals and lost wages will be paid by his employer's WC carrier.  If a third party settlement needs to be approved by the Department of Industrial Accidents(DIA), then the adjuster will process the paperwork.  

If he is not happy with the settlement, and can then retain counsel.

Answer 3

I know others have said this but they are right. The best way to get all the money your husband is entitled to is by hiring an attorney. Otherwise, the insurance company will probably try to offer you a low settlement. Even though an attorney will take roughly 33% of the money, they will get you a whole lot more in the end. They are experienced and know the laws a whole lot better than most.

Answer 4

The BEST way is to get a lawyer.  He will have a lawyer / insurance company (who has lawyers).

this is NOT something you can do by yourself.  You have something like 30 days to file a suit.

Don't trust their insurance company.  They will SAY they will take care of you and your husband.  They are just stalling to run the 30 day clock.

====

If he has insurance, then they will easily pay for the medical bills.  But to collect any more you have to show Pain and Suffering

(1) broken bones

(2) loss of life

(3) loss of limp

(4) loss of bodily function

(5) lost time at work (about 3 month out of the first 6 months)

There's more but those are the general minimum.  If you can't show one or more, forget about P&S payment.

Good Luck...

Answer 5

I agree w/ Fighting Saints.

You best bet is to work w/ the insurance company towards the resolution of the claim.

After your boyfriend is done treating for his injuries submit copies of all the medical billing and records to the insurance carrier. If he missed any time from work, get a letter from his employer confirming the days he missed as well as the pay he lost out on. For this to be taken into consideration though, the insurance company will be looking for a doctors note releasing him from work as well.

After all is said and done the insurance company will evaluate his claim and make him an offer.  If you think the offer is fair, take it. Or if you were expecting more, tell them. They will negotiate with you.

If you don't like their offer, then by all means go ahead and get a lawyer. Just remember one thing though..........

Just because you hire an attorney, it does not mean you are going to get offered more money, it just means that whatever the attorney says is fair, he is going to take a portion of what you collect

Answer 6

First off, don't listen to Lover, not a Fighter. They are way off base. In CA, you have 2yrs (not 30 days) from the date of the accident to settle your claim or file a lawsuit. Pretty obvious they have no experience handling insurance claims.

I would suggest that you don't hire a lawyer right away. Work with the insurance company, by providing the medical bills, medical records and lost wage info they request. You bf will be asked to sign a medical and/or wage authorization to obtain this information. No need to freak out, it is standard procedure and the company is entitled to those records if your bf wants to make a claim. No records, no settlement and that won't change with a lawyer.

I normally tell people to work with the company and see what the first settlement offer is. Your bf will have a gut instinct that will tell him if the offer is in the right ballpark or not. If the offer is reasonable then your bf can negotiate for a few more bucks and save himself money and time. If it works out, your bf has just kept 33% of his settlement instead of giving it away to somebody who writes a couple of letters and makes a few phone calls.  

If his instincts tell him the first offer is bs then he should consider talking to a lawyer. He needs to know that lawyers don't make claims worth more money. Insurance adjusters are not afraid of lawyers or lawsuits. The main thing hiring a lawyer does is slow things down, so keep that in mind.

Good Luck

Answer 7

Your boyfriend should file a Workmans Comp claim to pay for any and all medical bills incurred in the accident.  Contact the insurance company of the person that hit him and when you are ready to settle the injury claim (you have 2 years to either settle the injury claim or contact an atty and file a suit)  I would try to  settle the injury claim on your own to get the most money.  If he has reasonable and related medical bills when you submit them to the insurance carrier, ask for maybe 5-6 times the medical bills and his lost wages.  When you are hit by a drunk driver, the amount that is paid to you usually is higher than a normal settlement due to the gross negligence of a stupid drunk driver.  Good luck and I hope he is ok.

I've bookmarked this site to go back to...

http://www.knowledged.info/go.php?link=i...

All the best to you.