Injured from being rear ended - CA

[CorollaRandy]

Short history:
I was rear ended, in my 99 Corolla, by a Tahoe, pushed into the 4Runner in front of me. This totalled my car. My wife and I were both hurt and taken to the ER. The driver only has the minimum required by law, so property coverage is only $5000 combined for both my car, and the 4Runner I was pushed into. This is not a big deal as my Comp/Collision policy takes over the rest as I have underinsured coverage.

Now for the point, we have medical bills that we are being hounded to pay, which we can't because there won't be a settlement for over a year, and we don't have the money to pay the almost $5000 in bills/copays thus far. Can I go after the driver of the vehicle that hit me for my medical bills and copayments? And if so, can she file bankruptcy to avoid paying? We wouldn't be in this situation if she didn't become distracted and look away while driving (which is what her statement on the police report says). Nether insurance company is willing to help us with our situation, which doesn't surprise me in the least.

 

[Zigner]

Why doesn't your own auto insurance company help?
Why don't you utilize your own health insurance coverage?

 

[PayrollHRGuy]

Can I go after the driver of the vehicle that hit me for my medical bills and copayments? And if so, can she file bankruptcy to avoid paying?

Yes and Yes.

 

[zddoodah]

How long ago did this accident occur?

we have medical bills that we are being hounded to pay, which we can't because there won't be a settlement for over a year

Why do you think there won't be a settlement for over a year? Under the circumstances described, I would be very surprised if the at-fault driver's insurer doesn't offer to settle for the limits of the policy within a couple months.

we don't have the money to pay the almost $5000 in bills/copays thus far.

Do you have personal medical insurance and/or medical payments coverage as part of your own auto policy (sounds like the answer to the second part of this question is no)?

Can I go after the driver of the vehicle that hit me for my medical bills and copayments?

Of course you can, but what makes you think that suing (which I assume is what you're talking about) will get you any money any sooner than your settlement with the other driver's insurer, which you think will take over a year? Keep in mind that, if you sue the at-fault driver, she will tender defense to her insurer. Also keep in mind that, unless you sue without a lawyer, suing will probably result in you getting less money because your attorney will be entitled to payment.

And if so, can she file bankruptcy to avoid paying?

Filing bankruptcy will put at least a temporary stop to any efforts to recover from the at-fault driver. If the driver is discharged through bankruptcy, that discharge will forever cut off your ability to recover anything. Also, most drivers who carry minimum coverage don't have assets or income sufficient to pay anything beyond their insurance coverage.

Nether insurance company is willing to help us with our situation

What do you expect your insurer to do? Unless your auto policy includes medical payments coverage, your insurer has no obligation to you as concerns personal injuries. And the at-fault driver's insurer owes duties to her but not to you.

 

[adjusterjack]

The driver only has the minimum required by law, so property coverage is only $5000 combined for both my car, and the 4Runner I was pushed into. This is not a big deal as my Comp/Collision policy takes over the rest as I have underinsured coverage.

Not quite. Your Collision coverage takes care of your car damage. Underinsured Motorists coverage provides additional money for injuries above what the other driver's liability insurance limits are if you have appropriate limits above the other driver's limits.

 

[Zigner]

Not quite. Your Collision coverage takes care of your car damage. Underinsured Motorists coverage provides additional money for injuries above what the other driver's liability insurance limits are if you have appropriate limits above the other driver's limits.

Here's the thing. A $5000 Property Damage Liability suggests that you are either in NJ or PA, the only two states that allow a PD limit that low. Unfortunately, both NJ and PA are no-fault states so whether or not you can collect anything from the other driver (through his/her insurance) depends on the type of insurance you bought. In NJ the choice was limited right to sue or unlimited right to sue. In PA it's full tort or limited tort.

Which state are you in and what kind of policy did you buy.

Per the thread title, OP is in CA

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/teenweb/permit_btn1/ca_ins_req

California requires that drivers and vehicle owners carry the following minimum monetary limits:

• $15,000 for injury or death of 1 person per accident
• $30,000 for injury or death of 2 or more persons per accident
• $5,000 for any property damage per accident

Edit:
For further reference, see https://codes.findlaw.com/ca/vehicle-code/veh-sect-16056.html which is the California Vehicle Code section that actually codifies it.

 

[adjusterjack]

Per the thread title, OP is in CA

Oy, just saw that.

 

[Just Blue]

Oy, just saw that.

Here ya go, Jack...

 

[CorollaRandy]

Accident was 1/27/2020. Our personal medical insurance is covering most of the medical costs, but deductibles for multiple MRIs, and others, are stacking up. Both insurance companies have stated that they need to wait until we both are about 75% through our medical treatment to complete any settlement. My policy limits are as follows, which doesn't help as this is only what my policy covers for the other parties if I'm at fault.

• $100,000 for injury or death of 1 person per accident
• $300,000 for injury or death of 2 or more persons per accident
• $100,000 for any property damage per accident

I do not expect anything from the other insurance company as they only hold the minimum required, but my policy obviously covers well beyond that. And this is where I'm surprised, I'm not getting any assistance from, as I mentioned above, they want to wait until we're about 75% done with treatment before offering a settlement, which they said should be in about 18 months due to the neck and back injuries we sustained, and the knee injuries I sustained as the driver hitting the dash. My wife is short, so she didn't get forced forward as far as I did.

I do not have medical costs included in my car insurance, as it only covers up to $5,000 per acident. I am also surprised that the at-fault driver's insurance isn't attempting to settle for the policy limits. I imagine they are waiting for information from the 3rd vehicle involved? Also, my under/uninsured covers property only, no medical for anyone.

On a possibly unrelated note, CA needs to bump up the minimum coverage as things cost WAY more than they did 50+ years ago when these limits were created.

 

[CdwJava]

I know firsthand about the results of a collision, liability, and bankruptcy to avoid judgement. In July 2018 one of my sons struck a horse that had gotten out of a paddock adjoining a freeway in the dark of night. At 11:45 PM three horses ran across the freeway from a break in the fence that the owners of the property KNEW (boarders had spoken to the owners the day before) had been broken but intentionally left unsecured for 24 hours. My son struck a horse as it ran into the freeway and another truck with 4 people struck another of the horses causing minor injuries to those folks. He had to be peeled out of his car, was nearly killed by the impact and spent 5 weeks in the hospital (3 in ICU) and another 4 weeks in a rehab facility. His 6 and 7 vertebrae were severely damaged and he has metal implants there now, it affected his memory and some cognitive ability that has taken over a year to work through. He will also never be able to engage in the physical activity he had prior to the collision and will have ongoing medical issues as a result.

The insurance policy that the owners possessed was for $500,000 and they filed for bankruptcy within a few weeks of the collisions. My son's attorney recommended a settlement offer that was part of the insurance coverage because a suit beyond that level would be long and likely wouldn't succeed - in part due to the bankruptcy. The owners had been in the business of boarding horses and they lost their largest client (a commercial client - a local Native-American reservation and casino/sportsman club) when the news of the collision broke and it was after that when they filed for bankruptcy.

So, short answer is that while the insurance limits might be within reach, anything beyond those limits can be shielded in other ways and made so difficult to claim as to make it impractical. if your injuries are sufficient, I would strongly recommend at least consulting an attorney.

 

[zddoodah]

My policy limits are as follows, which doesn't help as this is only what my policy covers for the other parties if I'm at fault.

. . .

I do not expect anything from the other insurance company as they only hold the minimum required, but my policy obviously covers well beyond that. And this is where I'm surprised, I'm not getting any assistance from

You explained yourself why you're not getting assistance from your insurer. Your $100k/$300k/$100k limits are for the liability component of your policy and only apply if you're at fault. Unless you have medical payments coverage or uninsured/underinsured motorist coverage, your own auto policy is of no use to you.

Also, my under/uninsured covers property only, no medical for anyone.

Are you sure about that? That's extremely unusual. Most folks only have uninsured/underinsured personal injury coverage. Under/uninsured property coverage is quite uncommon.