All sorts of Questions

[kirkster365]

What is the name of your state? California
Well I'll start with this HELP!!!! I was in an accident ( hit by a car on my motorcycle). When the accident occured I had just purchased the bike and on my way home I was turning left from a two lane highway onto our dirt road leading to our house (I was three houses away from being home, safely). As I crossed the east bound lanes from my west bound lane a car that was in a hurry that was passing my wife, who was behind me in our van, struck me broad side at aprox 40 mph. I was faulted with an "unsafe turning manuver" but was not cited for the accident. And even reading the chp officers report I have no idea how it was ruled my fault. None the less, I was not insured, registered or licenced for the bike at the time of the accident. I know there will be legal problems because of this, I was cited for them, the court date is coming up. But, I was hurt in this accident, broken leg. I have health insurance. I contacted a atty. service, Don't laugh but is was Larry H. Parker. Now nearing the end of his works I've been asked to sign final paperwork, finalizing with the other party's insurance, they're paying out 15k, limit of the other drivers policy. From this 15k 4.5k is deducted for atty. services, 5k for "hospital lien" leaving me with 5.5k. So here's my question's:
1. What is a "hospital lien"?
2. I have a witness that saw accident but was not able to stay and talk to officer at scean, he had to go to work. He said I was slowing and signaling prior to the other driver starting his pass, putting the other driver at fault. Since I have other doc, bills from accident, ambulance, deductables, etc. of the 5.5k I'm getting I will be left with about $2.00. And I'm out of work for mabey up to 6 months. Can I use this witness now to change the polce report? or can I fight the original report?
3. If I sign the papers from the atty. It say's I finalize the case and can not seek any thing more from the other driver. I know I should have not been there to begin with, but he was in a hurry and hit me. I'm losing out hand over fist. do I juat sign the papers and take the losses? or what?

PLease, You all ouththere are much smarter than I and I could really use
the advice. THANK YOU

[moburkes]

The fault of the accident, for insurance purposes, is not determined by the police report. The insurance company, apparently, accepted that their driver was at fault, because they are paying the claim. The hospital lein is for the original hospital bills. Since the other driver had the state minimum amount of insurance, and, you had none, that is all you can recover insurance-wise. You can sue the other driver in court, BUT, there are 2 issues. First, you will have to, most likely, turn down the insurance payment. The insurance company will ask you to release their client from all further liability if you accept the offer. Second, do they have any assets? You can't squeeze blood from a turnip.


For future, keep all of your questions in 1 thread. These same questions were asked, and answered, last month.