Man going through a seizure hits my car with me and my 3 boys in it while stopped at red light I'm not insured and he's not the owner

[Inez0780]

I'm in California

So the other day me and my 3 boys were stopped at a red light and I barely see a truck at the left not really paying attention to it expecting it to turn Right I turn to talk to my son in the front seat and then looked up for green light and I see the truck still coming towards us by the time I could process it the man hit us at the front driver side I noticed right away that the man had either was going through a seizer or had one and is going through the after effects I checked my children and had them exit the car at the right side to get help the lights are in front of our home so I put my car in park and exit out the right side to check the man he looked to be sleeping I knocked on the window he tried to open the window but opened back window and then wasn't responsive for a bit there was lots of traffic and the mans truck was not in park my mother had called police along with other people who had witnessed the man stopped in the middle of the road he had turned from he had already been driving erratically and had went up the curb a few times before he had hit us the police, firemen, and ambulance come help the man which of course I expected them to do the man needed help. 1 police man asked us if we were fine we stated we were ok but shaken no firemen or anyone from the ambulance came to check us idk the procedure but I didn't know what to do because our pain didn't seem severe at all the police moved and towed truck. they even asked me to move the car which was fine it needed a jump but it worked the door doesn't close all my sensor lights are on now too so later when the same police man came back and took his notes and handed me a crash card. Me 2 of my sons told him we were starting to feel pain I assuming the adrenaline is gone so were feeling the pain which is now worse. The man was taken to the hospital. I received a call from one of the officers the next morning who told me the man wasn't able to provide any info that night he couldn't remember the accident or if he had insurance and there was nothing in the truck. He said that he will be working on getting that info and that the man had other medical issues and that he most likely wont be driving anymore. I called them back to see about the insurance info they stated they did have it but that the report was not ready I wasn't able to get that info until the next day. The truck did not belong to the driver who is a class A driver whatever that means but it belonged to his father Now I was NOT able to keep paying my insurance due all these COVID 19 hardships late benefits etc.

So my question is should I get an attorney or just file with their insurance myself and hope for the best? I'm in real pain and my right arm and right leg get really numb sometimes, my neck has whiplash on the left side with shooting back pain I'm not looking to get over on anyone but I don't have extra money to pay any kind of bills right now so what should I do about that? I have MediCal insurance through gov programs but no car insurance the damages are moderate the bumper, fender, and door which has a good sized hole in it door does not shut and the hit effected my sensors in my euro type car because a lot of them were on. Should I file now because I NEED my vehicle but will they cover all this even though I didn't have insurance? Plz help I don't know what to do and it weighs heavy on my mind and this whole sad vibe of 2020 doesn't help.

 

[cbg]

Why would you get an attorney before at least seeing what the insurance is willing to offer?

 

[adjusterjack]

So my question is should I get an attorney or just file with their insurance myself and hope for the best?

File with their insurance and hope for the best. I doubt that any attorney would take your case unless you paid him a retainer up front based on his hourly rate. That's because California has a statute that eliminates pain and suffering from injury claims when the injured person is uninsured, unless the other driver was drunk.

See:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.

With only actual damage and medical costs available there is no incentive for an attorney to take the case on a contingency.

MediCal will take care of your medical treatment.

The damage to your auto should be taken care of by the other driver's insurance company if their claims people agree that it's their driver's fault.

Meantime, if your car can be driven, you really have no choice but to drive it until the claim gets settled. If you can't drive it you'll have to make other arrangements for transportation.

 

[Ohiogal]

You better hope it is settled. You legally need insurance and are lucky you weren't cited.

 

[LdiJ]

I'm in California

So the other day me and my 3 boys were stopped at a red light and I barely see a truck at the left not really paying attention to it expecting it to turn Right I turn to talk to my son in the front seat and then looked up for green light and I see the truck still coming towards us by the time I could process it the man hit us at the front driver side I noticed right away that the man had either was going through a seizer or had one and is going through the after effects I checked my children and had them exit the car at the right side to get help the lights are in front of our home so I put my car in park and exit out the right side to check the man he looked to be sleeping I knocked on the window he tried to open the window but opened back window and then wasn't responsive for a bit there was lots of traffic and the mans truck was not in park my mother had called police along with other people who had witnessed the man stopped in the middle of the road he had turned from he had already been driving erratically and had went up the curb a few times before he had hit us the police, firemen, and ambulance come help the man which of course I expected them to do the man needed help. 1 police man asked us if we were fine we stated we were ok but shaken no firemen or anyone from the ambulance came to check us idk the procedure but I didn't know what to do because our pain didn't seem severe at all the police moved and towed truck. they even asked me to move the car which was fine it needed a jump but it worked the door doesn't close all my sensor lights are on now too so later when the same police man came back and took his notes and handed me a crash card. Me 2 of my sons told him we were starting to feel pain I assuming the adrenaline is gone so were feeling the pain which is now worse. The man was taken to the hospital. I received a call from one of the officers the next morning who told me the man wasn't able to provide any info that night he couldn't remember the accident or if he had insurance and there was nothing in the truck. He said that he will be working on getting that info and that the man had other medical issues and that he most likely wont be driving anymore. I called them back to see about the insurance info they stated they did have it but that the report was not ready I wasn't able to get that info until the next day. The truck did not belong to the driver who is a class A driver whatever that means but it belonged to his father Now I was NOT able to keep paying my insurance due all these COVID 19 hardships late benefits etc.

So my question is should I get an attorney or just file with their insurance myself and hope for the best? I'm in real pain and my right arm and right leg get really numb sometimes, my neck has whiplash on the left side with shooting back pain I'm not looking to get over on anyone but I don't have extra money to pay any kind of bills right now so what should I do about that? I have MediCal insurance through gov programs but no car insurance the damages are moderate the bumper, fender, and door which has a good sized hole in it door does not shut and the hit effected my sensors in my euro type car because a lot of them were on. Should I file now because I NEED my vehicle but will they cover all this even though I didn't have insurance? Plz help I don't know what to do and it weighs heavy on my mind and this whole sad vibe of 2020 doesn't help.

You should go ahead and file the claim with their insurance company. You can always hire an attorney later if things don't go well. Whether or not you have insurance yourself should not be relevant.

 

[adjusterjack]

Whether or not you have insurance yourself should not be relevant.

Not for the car damage.

But it is relevant for a personal injury claim.

 

[Taxing Matters]

So my question is should I get an attorney or just file with their insurance myself and hope for the best? I'm in real pain and my right arm and right leg get really numb sometimes, my neck has whiplash on the left side with shooting back pain I'm not looking to get over on anyone but I don't have extra money to pay any kind of bills right now so what should I do about that?

As an attorney I have a different perspective than the other responses you have received. I suggest you at least consult a personal injury attorney about this. I disagree with adjusterjack that no attorney would take this on a contingent fee basis since we don't have sufficient information here to fully evaluate the claim you'd have. If it was just damage to the car, that's pretty straight forward and often you can resolve that without the need for a lawyer. But where there is personal injury, and particularly injury to an adult and three children, that complicates things quite a bit. It is in these cases where in my experience insurers tend to underestimate the value of the claim and need to be convinced that the damages are, in fact, larger than the insurer is initially willing to pay. Having an experienced attorney can help with that negotiation. Moreover, there is an additional element here to contend with: the other driver's apparent seizure. If the other driver did have a seizure and that was the cause of the accident then he may not be liable for the accident if he had never had one before and had no reason to know that driving might be a risk for him. That's because for him to be liable he has to have been negligent — that is, he had to have failed to exercise the necessary level of care while driving. If he had no idea he might have a seizure he could not have foreseen it and thus could not have done anything about it prevent the accident. You want to be very careful what you tell the insurance company as an admission by you that he was having a seizure could hurt your claim. Your lawyer would know what to tell the the insurance company that would not undermine your claim. You don't necessarily have to hire an attorney at this point, but consulting one is a good idea to see what your claim might be worth and whether the attorney would be willing to take the case on a contingent fee basis. Most personal injury attorneys give free initial consultations. The attorney gets paid a chunk of what the attorney recovers for you in a contingent fee agreement, usually at least one-third, so bear that in mind. The attorney needs to be able to recover for you at least a third more for you than you could do yourself to make hiring the lawyer worth it. But knowing what an attorney thinks it is worth can help you decide if you need a lawyer when the insurer tells you what, if anything, it will pay.

 

[Taxing Matters]

File with their insurance and hope for the best. I doubt that any attorney would take your case unless you paid him a retainer up front based on his hourly rate. That's because California has a statute that eliminates pain and suffering from injury claims when the injured person is uninsured, unless the other driver was drunk.

But the OP was not the only person in that car. To the extent that her three sons were injured in that accident, their claims for pain and suffering would not be barred by that limitation in California law.

 

[adjusterjack]

But the OP was not the only person in that car. To the extent that her three sons were injured in that accident, their claims for pain and suffering would not be barred by that limitation in California law.

Good point.

 

[Inez0780]

File with their insurance and hope for the best. I doubt that any attorney would take your case unless you paid him a retainer up front based on his hourly rate. That's because California has a statute that eliminates pain and suffering from injury claims when the injured person is uninsured, unless the other driver was drunk.

See:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.

With only actual damage and medical costs available there is no incentive for an attorney to take the case on a contingency.

MediCal will take care of your medical treatment.

The damage to your auto should be taken care of by the other driver's insurance company if their claims people agree that it's their driver's fault.

Meantime, if your car can be driven, you really have no choice but to drive it until the claim gets settled. If you can't drive it you'll have to make other arrangements for transportation.

Ok thats what I thought about getting an attorney I didnt see why my situation would benefit them at all I just wasn't sure what to do because I had no help on my end since I had no insurance.
Ill just go ahead and file there really is no other choice Thank You

 

[Inez0780]

As an attorney I have a different perspective than the other responses you have received. I suggest you at least consult a personal injury attorney about this. I disagree with adjusterjack that no attorney would take this on a contingent fee basis since we don't have sufficient information here to fully evaluate the claim you'd have. If it was just damage to the car, that's pretty straight forward and often you can resolve that without the need for a lawyer. But where there is personal injury, and particularly injury to an adult and three children, that complicates things quite a bit. It is in these cases where in my experience insurers tend to underestimate the value of the claim and need to be convinced that the damages are, in fact, larger than the insurer is initially willing to pay. Having an experienced attorney can help with that negotiation. Moreover, there is an additional element here to contend with: the other driver's apparent seizure. If the other driver did have a seizure and that was the cause of the accident then he may not be liable for the accident if he had never had one before and had no reason to know that driving might be a risk for him. That's because for him to be liable he has to have been negligent — that is, he had to have failed to exercise the necessary level of care while driving. If he had no idea he might have a seizure he could not have foreseen it and thus could not have done anything about it prevent the accident. You want to be very careful what you tell the insurance company as an admission by you that he was having a seizure could hurt your claim. Your lawyer would know what to tell the the insurance company that would not undermine your claim. You don't necessarily have to hire an attorney at this point, but consulting one is a good idea to see what your claim might be worth and whether the attorney would be willing to take the case on a contingent fee basis. Most personal injury attorneys give free initial consultations. The attorney gets paid a chunk of what the attorney recovers for you in a contingent fee agreement, usually at least one-third, so bear that in mind. The attorney needs to be able to recover for you at least a third more for you than you could do yourself to make hiring the lawyer worth it. But knowing what an attorney thinks it is worth can help you decide if you need a lawyer when the insurer tells you what, if anything, it will pay.

I've talked to a couple of accident lawyers and it sounded like incentive wasn't there I also have not seen the police report I keep calling and its still not ready but ill go ahead and speak to a Personal Injury Lawyer for that advice. Thank you

 

[Zigner]

This accident must be reported to the DMV. I hope you have arrangements made for the one year that your license will be suspended for not having insurance. You should be able to get a provisional license for work, but it will require that you maintain insurance, and that won't be cheap.

 

[Inez0780]

Why would you get an attorney before at least seeing what the insurance is willing to offer?

I didnt know if I should or not because i had no one to help me with filing the claim I also didnt know anything about the process I needed help

 

[Inez0780]

This accident must be reported to the DMV. I hope you have arrangements made for the one year that your license will be suspended for not having insurance. You should be able to get a provisional license for work, but it will require that you maintain insurance, and that won't be cheap.

Yes I did report it within the 10 days and I did have insurance but at the time of the accident so hopefully its not too bad. Thank you

 

[Inez0780]

Not for the car damage.

But it is relevant for a personal injury claim.

I wasnt too worried about myself and im not trying to get over on anyone I even tried to help the man but couldnt get to him I am in pain and my kids feel the soreness plus the trauma I seen in my oldest he took it all a harder than my younger ones ALL those what if questions and just that we were really lucky because it couldve gone a totally different way.
Thank you for your input I filed the claim and reported it to the DMV myself so now im just going to wait on them to see what I need to do next.