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Personal Injury FAQ
Here are some frequently asked questions and answers regarding personal injury matters:
- Can I still pursue a claim for money damages for injuries I sustained in a motor vehicle accident if the person who hit me has no car insurance?
- My private health insurance has already paid for some of my medical bills for injuries resulting from an accident. If I settle with the person who caused my injuries, can his or her insurer deduct from my settlement what my insurance company paid?
- Am I required to repay benefits paid on my behalf (workers compensation, health insurance, etc.) arising out of a motor vehicle accident where I recovered money damages against a negligent third party?
- I was in an accident but did not feel injured right away; however, now I think I might have sustained an injury. What should I do?
Question: Can I still pursue a claim for money damages for injuries I sustained in a motor vehicle accident if the person who hit me has no car insurance?
Answer: Yes, you can still recover for your injuries if your auto insurance policy includes an “uninsured motorist” provision. If you have this coverage, you may submit a claim to your own insurance company, and they are contractually obligated to pay the value of the claim because it is included in your policy.
Question: My private health insurance has already paid for some of my medical bills for injuries resulting from an accident. If I settle with the person who caused my injuries, can his or her insurer deduct from my settlement what my insurance company paid?
Answer: No. Under the “collateral source rule,” the other party’s insurance company cannot require you to make payments for medical bills made on your behalf by your private health insurance as a credit or deduction.
Question: Am I required to repay benefits paid on my behalf (workers compensation, health insurance, etc.) arising out of a motor vehicle accident where I recovered money damages against a negligent third party?
Answer: Yes, but under the “common fund” theory, you are entitled to a one-third reduction off of any claims made for reimbursement. The net result is more money in your pocket because you only have to re-pay two-thirds of the benefits that were paid.
Question: I was in an accident but did not feel injured right away; however, now I think I might have sustained an injury. What should I do?
Answer: California law allows you, in most cases, two years from when an injury occurred (or from when you should have discovered your injury) to file a lawsuit to recover for your damages. However, if you are feeling any discomfort following an accident, you should not ignore it. It is best to seek medical attention as soon as possible to begin medical treatment and allow any potential injuries you might have sustained to be properly documented.
The Law Office of Jacob J. Rivas is dedicated to obtaining recovery for injured plaintiffs. If you or a loved one has been injured in an accident or has an employment law claim, please call us at Phone: 559-263-9667 or toll free at , or contact us online for a free initial consultation regarding your case.
