Passenger Injured in Hit and Run

[nickel27]

What is the name of your state? California

I was a passenger in a car that was rear ended as we were stopped in bumper to bumper traffic. The car I was in was insured and was carrying Uninsured Motorists insurance. The other driver fled the scene but we were able to get his license plate #.

There is minimal damage to the vehicle. I was seeing a chiropractor occasionally for neck problems prior to the accident. The accident aggrevated my condition as my head was turned when the vehicle struck us. I was diagnosed with "whiplash" the day after the accident.

The hit and run driver is a lawyer and is being entirely uncooperative with the insurance company of the driver. They tried to settle with me for $100????? Now the insurance company of the driver of the car I was in is questioning the minimal damage to the vehicle and the extent of my injuries. What are my rights? I just want my medical bills paid for. Help!

 

[garrula lingua]

Were criminal charges filed ?

Restitution, for property & medical expenses, can be ordered, by a criminal court, as part of the probation terms.

 

[garrula lingua]

PS: a lawyer would/should be super-eager to resolve an allegation of hit-and-run criminal charges. S/he is subject to disciplinary action by the State Bar.

 

[moburkes]

Did you file a police report? Uninsured motorist will not come into play since the at-fault driver has auto insurance. The driver of the vehicle that YOU were in may have medical payments coverage, which can help pay your medical bills. The lawyer HAS to cooperate with his insurance company; its a requirement of coverage. Unfortunately, I don't have an answer for you as to what to do since he isn't cooperative.

 

[nickel27]

We filed a police report but not immediately after the accident. When report the incident the driver of the car I was a passenger in was told by the insurance company that it probably wasn't necessary as there were only 2 cars involved and we had minor damage to the rear only. In retrospect bad advice which I'm sure will be denied was ever given. We filed a police report with the Highway Patrol several days after the accident but I haven't heard what the outcome of that was as I need to go to the CHP office nearest the accident to get a copy of the report.

I'm not sure if the hit and run driver had insurance or not. I was asked by the insurance company of the driver of the car I was in to fill out some form that had "Uninsured Motorist" in the title. That's why I'm assuming he didn't. I also saw something as I was filling out the police report which led me to believe thae hit and run driver may have been driving with a suspended license or a recently reinstated license.

The insurance adjuster is being very closed lipped about the whole incident only asking about my medical expenses to date. I heard insurance companies pay you out of their pocket first then go after the individual or their insurance company to be reimbursed. Maybe they are doubtful they will be paid and just want to settle for the least amount?

Thanks for all your help guys!

 

[moburkes]

I'm confused. I thought that the lawyer was the driver of the other vehicle that left the scene. I thought that the insurance company of the other vehicle offered you $100. The license suspension is separate from not having insurance. Many people with suspended licenses are required to have insurance.

 

[nickel27]

The hit and run driver was the atty. The insurance company of the vehicle I was in offered me $100. Which was confusing since the lawyer was clearly at fault and left the scene of the accident. Sorry if I wasn't clear.

 

[ecmst12]

If YOU have auto insurance, that is most likely who's going to be responsible for your actual medical bills. Even though you weren't driving. That's how no-fault usually works.

You are also entitled to compensation for pain and suffering for your injuries. This claim you would file with the at-fault driver's insurance. If you think your injuries are worth a significant amount, then it will be easiest to hire, or at least consult with, a lawyer.

 

[nickel27]

If YOU have auto insurance, that is most likely who's going to be responsible for your actual medical bills. Even though you weren't driving. That's how no-fault usually works.

California is not a no-fault state.

 

[ecmst12]

I've read here that it is.

 

[moburkes]

No, CA isn't a no-fault state. However, in order to claim a benefit under medical payments, you do not have to be at fault. Yo can get coverage through the UM portion of your driver's policy, you can sue the at-fault party, or you can TRY to use your insurance policy's UM coverage.