I got a bike from a friend, my first one, but I didn’t do the right stuff right away like insuring or registering it. It needed some work, so I waited to sort out all the paperwork. Finally got it registered, but still no insurance. About two months later, just when I got the bike working, I got cut off by a big rig truck. They called it totaled, even though the damage wasn’t that bad. I got taken by ambulance even though I didn’t want to go, and they listed me as a trauma case.
Now I’m stuck with bills because the police took forever to file the report. I finally got in touch with the other guy’s insurance, but they’re offering me a low amount. Now they’re asking if I had insurance at the time. I didn’t exactly say yes or no. The police report says the truck was at fault, but I’m worried this could backfire.
Any advice on handling this? I’m in California if that makes a difference.
Yes, California has strict rules. If you weren’t insured, you can’t get any money for pain and suffering. They’re only on the hook for your medical bills and property damage, which is why they need to know.
Mica said: @Blaze
does pain and suffering include all the medical bills from that day? like ambulance, emergency room, and all that?
Nope. They should cover the medical bills as reasonable expenses, but it’ll only be up to the policy limit. If it’s a commercial carrier, they might have a higher cap.
Look up Prop 213 if you’re curious. It passed in 1996, so it’s been around for a while. In short, you’re only able to get economic damages (property and medical bills), not pain and suffering.
@Ashwin
Whoa, I wasn’t saying to commit fraud. I just meant having a lawyer could help with getting the bills covered and negotiating a fair deal for the bike’s damage.
Emerson said: @Ashwin
Whoa, I wasn’t saying to commit fraud. I just meant having a lawyer could help with getting the bills covered and negotiating a fair deal for the bike’s damage.
Well, since they’re uninsured, they can’t get pain and suffering damages (thanks to Prop 213). A lawyer might only be useful to lower the bills and maybe get a decent offer for the bike’s value. But, I’ve been doing this as an adjuster for years, so just saying!
Emerson said:
Best option? Get a lawyer to handle this for you.
any idea what a lawyer might charge? seems like it’d be a lot.
You won’t likely find a lawyer who’d take this without a big payout on the line. Pain and suffering would’ve gone to their fees, but you can’t get that if you’re uninsured. Might as well skip the lawyer.
Emerson said:
Best option? Get a lawyer to handle this for you.
any idea what a lawyer might charge? seems like it’d be a lot.
Typically, it’s about 30% of the settlement. Lawyers often get paid through your pain and suffering claims, which you can’t access here. You can try negotiating the bills down yourself, actually.
Emerson said:
Best option? Get a lawyer to handle this for you.
any idea what a lawyer might charge? seems like it’d be a lot.
It varies. When I was in a multi-car accident (also in CA), the lawyer took it on without any upfront cost. They took a cut from what was awarded from the other guy’s insurance. For complicated cases, having someone handle it can be worth it.
@Emerson
OP probably won’t find a lawyer who’d take it on contingency, especially since it’s only covering medical costs. No pain and suffering payout. OP might be better off handling this without one.
@Freddie
Depends, right? A lawyer could look into any lost wages or special circumstances that might qualify. Sometimes exceptions exist, like if the other driver was under the influence. That’s why it’s worth consulting to check. If OP’s medical costs go over the at-fault limit, a lawsuit could help recover the rest. In cases with high bills, lawyers sometimes go after the assets of the at-fault driver.
I had a similar case, and my lawyer explained the process. Worth checking to see if there’s anything to gain here.