Q: When I was hit by u/m I was sitting in my car parked not driving I went to hospital went to chiro Had whiplash
MRI for my headache's and neck pain have bulging disk no surgeries no more medical visits I've been told were waiting on medical lien that it would be 30-60 days but it's been over 6 months it's been a struggle since day 1 and still is should I call my insurance co IDK what to do I'm financially broke and I'm the one who lost my car and have no transportation this isn't fair
A: Contact a personal injury attorney right away. You have a limited time to sue for your injuries, so any delay may prejudice your right to file a lawsuit to recover for your injuries.
A: Your vehicle insurance may or may not provide coverage depending on your policy. A personal injury attorney will be able to help you navigate whether your insurance will provide coverage. You should contact an attorney as soon as possible.
A: It's not fair. There are a lot of uninsured motorists driving in California. The only way to protect yourself and your family is if you have UM (Uninsured Motorist) Coverage. You can find this on your Declarations page of your policy. The Decl page is a summary of your coverage. If you have UM... turn it over to your auto insurance company. If you don't have UM then turn your medical bills over to your health insurer. Your health insurer is secondarily liable (after auto) so if there is no auto insurance then your health care provider moves up and becomes liable for paying for your medical treatment. Good luck.
You must have your own UM coverage. If so, you need to request UM arbitration against your own insurer. Settlements are not automatic just because the lien amount came in. You need to litigate your case to make your insurer pay.
Sounds like you have an attorney. If so, direct all questions to him/her or contact another attorney for a second opinion.
If you are attempting to handle your claim by yourself, you will not be taken seriously. You will probably need to retain an attorney.
A: You are correct, it's not fair, which is why there are attorneys that specialize in representing victims such as yourself. I suggest you contact one immediately to improve your situation. Sounds as if you need a better diagnosis to your injuries as well.
I'm sorry to hear about your situation. If you were hit by another driver while your car was parked, and you suffered injuries as a result, you may be able to file a claim with the other driver's insurance company or sue the driver for damages. It's possible that there may be a delay in the processing of the medical lien, but if it's been over 6 months, it may be a good idea to follow up with your healthcare provider to see if they can provide an update on the status of the lien. Additionally, you may want to consider contacting your own insurance company to see if they can provide any assistance or guidance in the matter.
There are several California statutes that may apply to a situation involving a car accident and personal injury, including:
California Vehicle Code Section 20001: Duty to Stop at the Scene of an Accident
California Vehicle Code Section 16000 et seq.: Financial Responsibility Laws (requiring drivers to have auto insurance or other means of financial responsibility)
California Civil Code Section 1714: General Duty of Care
California Civil Code Section 3333.4: Limitations on Recovery in Personal Injury Cases Involving Uninsured Drivers
However, the specific statutes that may apply can vary depending on the specific circumstances of the accident and the injuries sustained. It may be best to consult with a qualified attorney who can provide legal advice and guidance specific to your situation.
An attorney who specializes in personal injury cases can also provide legal advice and assistance in pursuing a claim for damages.
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