A drunk driver just smashed into us on the freeway ISH

[nathanjizzle]

My dad got rear ended. He was in the hospital for a week but didnt have too serious injuries besides blurry vision that subsided. he settled with their insurance for 20k (1/3 goes to lawyer), thats the max they would cover outside of medical bills and other things. Then he asked our own insurance for money and they gave him the max 50k. All through a lawyer, didnt have to do anything besides go to the lawyers office to pick up the checks.

[CakeorDeath]

OP, sorry to hear about this. Hope you and your mom are okay.

Regrettably, CA has some of the worst third party liability laws in the country; designed to protect lawyers and the uninsured more than victims of negligence.

Everything depends on what level of bodily injury liability coverage the responsible driver (known as the tortfeasor) had. If he had CA's minimum required coverage of 15/30 ($15,000 max per single claimant; $30,000 max for all claimants combined), you may get very little, if anything. If there were deaths involved, each one could absorb $15,000, which would absorb the entire limits of the policy, leaving you with nothing. Furthermore, if the Mexican dude, who seems to have been seriously injured, ended up receiving treatment and files a claim against the tortfeasor, he could very easily absorb a full $15,000 as well. Your mom was also seemingly significantly injured, and would have a stronger claim than you to settlement funds.

Bottom line, there appears to be at least five claimants to the settlement (2 deaths? Mexican dude, your mom, and you), and you appear to be the least injured. With CA's crappy as hell minimum liability limits, you may end up with nothing, even if you do lawyer up.

Some advice:

1. Sounds like you were in your mom's car? Check to see what kind of medical payments coverage she has. You are looking for either PIP (personal injury protection) or med-pay coverage. These are first party benefits (sometimes referred to as no-fault coverage) that will pay out on your medical bills (and your mom's) until the benefits are exhausted. Unfortunately, CA does not require drivers to carry this type of coverage. However, even if your mom does not carry it, check your own policy (assuming you are not still on your mom's); your own PIP/med-pay coverage may kick in even though your vehicle was not involved

2. Also check your mom's policy (or whomever insures the vehicle you were in) for UM/UIM coverage. This is uninsured/under-insured coverage that will kick in for you in the event that a tortfeasor has no coverage or insufficient coverage. In an accident this bad, with this many claimants, I'm betting the tortfeasor's insurance will be insufficient to cover all the losses. If your mom has UM/UIM coverage, she will need it; file a claim ASAP. You won't be able to collect on it unless you are also covered under her policy. If you have your own policy, check it for UM/UIM, and file a claim immediately if you have it.

3. File a claim with the tortfeasor's auto insurance immediately. Your mom should too. When you file the claim, ask what the bodily injury liability limits are on the policy. Every state has a statute of limitations on how much time from the accident you have to file a claim; I believe CA's is a year, but you want to file as quickly as possible, because in cases of catastrophic loss, as this one seems to be, insurance companies will often settle very quickly with the claimants who are most affected (and you and your mom seem to be at least 4th and 5th on the list). Again, those other claimants may absorb the entire settlement, so you want to get a claim in as soon as you can.

4. Most personal injury law firms offer free consultations, and their fees are based on a contingency of the settlement amount, rather than an hourly rate. This means they will take a percentage (usually 33% minimum) of your award. That is pricey, but at least it means that you will owe nothing unless they win you some money. Don't hire any lawyer who wants to work this at an hourly rate. Again, you may not get anything, and you don't want to be stuck with paying legal fees when you didn't receive a settlement award. A really good attorney may decide to help you pro bono if they see that the insurance limits are really crappy. They might be willing to help you resolve your medical debt and property damage claim without taking a fee.

5. Lastly, do you and mom have health insurance? If so, what kind? If you are on a government-funded plan (Medicaid, Medicare, IHS, etc.), the hospital may not bill it immediately. They are required by Medicaid/Medicare rules to pursue the bodily injury settlement first; this is because Medicaid/Medicare are funded by tax dollars and are therefore considered "payers of last resort." If you are unlikely to receive a settlement award because the bodily injury limits are poor, contact the hospital and inform them of that, so that they will cease pursuing reimbursement from the tortfeasor's insurance and instead bill your health plan.

Good luck, and sorry again to hear about this. Hope you and your mom are okay. EDIT: sorry, and your dad too. Just re-read your post and missed the part about dad in the first reading. Good luck man.

[stalkerforlife]

OP, sorry to hear about this. Hope you and your mom are okay.

Regrettably, CA has some of the worst third party liability laws in the country; designed to protect lawyers and the uninsured more than victims of negligence.

Everything depends on what level of bodily injury liability coverage the responsible driver (known as the tortfeasor) had. If he had CA's minimum required coverage of 15/30 ($15,000 max per single claimant; $30,000 max for all claimants combined), you may get very little, if anything. If there were deaths involved, each one could absorb $15,000, which would absorb the entire limits of the policy, leaving you with nothing. Furthermore, if the Mexican dude, who seems to have been seriously injured, ended up receiving treatment and files a claim against the tortfeasor, he could very easily absorb a full $15,000 as well. Your mom was also seemingly significantly injured, and would have a stronger claim than you to settlement funds.

Bottom line, there appears to be at least five claimants to the settlement (2 deaths? Mexican dude, your mom, and you), and you appear to be the least injured. With CA's crappy as hell minimum liability limits, you may end up with nothing, even if you do lawyer up.

Some advice:

1. Sounds like you were in your mom's car? Check to see what kind of medical payments coverage she has. You are looking for either PIP (personal injury protection) or med-pay coverage. These are first party benefits (sometimes referred to as no-fault coverage) that will pay out on your medical bills (and your mom's) until the benefits are exhausted. Unfortunately, CA does not require drivers to carry this type of coverage. However, even if your mom does not carry it, check your own policy (assuming you are not still on your mom's); your own PIP/med-pay coverage may kick in even though your vehicle was not involved

2. Also check your mom's policy (or whomever insures the vehicle you were in) for UM/UIM coverage. This is uninsured/under-insured coverage that will kick in for you in the event that a tortfeasor has no coverage or insufficient coverage. In an accident this bad, with this many claimants, I'm betting the tortfeasor's insurance will be insufficient to cover all the losses. If your mom has UM/UIM coverage, she will need it; file a claim ASAP. You won't be able to collect on it unless you are also covered under her policy. If you have your own policy, check it for UM/UIM, and file a claim immediately if you have it.

3. File a claim with the tortfeasor's auto insurance immediately. Your mom should too. When you file the claim, ask what the bodily injury liability limits are on the policy. Every state has a statute of limitations on how much time from the accident you have to file a claim; I believe CA's is a year, but you want to file as quickly as possible, because in cases of catastrophic loss, as this one seems to be, insurance companies will often settle very quickly with the claimants who are most affected (and you and your mom seem to be at least 4th and 5th on the list). Again, those other claimants may absorb the entire settlement, so you want to get a claim in as soon as you can.

4. Most personal injury law firms offer free consultations, and their fees are based on a contingency of the settlement amount, rather than an hourly rate. This means they will take a percentage (usually 33% minimum) of your award. That is pricey, but at least it means that you will owe nothing unless they win you some money. Don't hire any lawyer who wants to work this at an hourly rate. Again, you may not get anything, and you don't want to be stuck with paying legal fees when you didn't receive a settlement award. A really good attorney may decide to help you pro bono if they see that the insurance limits are really crappy. They might be willing to help you resolve your medical debt and property damage claim without taking a fee.

5. Lastly, do you and mom have health insurance? If so, what kind? If you are on a government-funded plan (Medicaid, Medicare, IHS, etc.), the hospital may not bill it immediately. They are required by Medicaid/Medicare rules to pursue the bodily injury settlement first; this is because Medicaid/Medicare are funded by tax dollars and are therefore considered "payers of last resort." If you are unlikely to receive a settlement award because the bodily injury limits are poor, contact the hospital and inform them of that, so that they will cease pursuing reimbursement from the tortfeasor's insurance and instead bill your health plan.

Good luck, and sorry again to hear about this. Hope you and your mom are okay. EDIT: sorry, and your dad too. Just re-read your post and missed the part about dad in the first reading. Good luck man.

Translation - Call a personal injury/accident attorney and let him take over.

[BigNBAfan]

You sound like you have tinnitus from the injury, make sure you reprot this to the doctor. It sounds like a permanent, constant ringing that is going to keep you awake for the rest of your life.

hint hint
Dr. K

[CakeorDeath]

Translation - Call a personal injury/accident attorney and let him take over.

Actual translation: here's what to do if no lawyer will take your case because there is no money in it for them

Alternate translation: here's some things you should know before dealing with insurance companies and personal injury lawyers, because both may try to f*ck you. Knowledge is power.

[hateraid]

Glad to hear you're Ok. Makes me feel like a piece of shit that I used to drive drunk all the time when I was younger. Never again.

My wife works for a law firm that maximizes claims. Any advice you need buddy

[Draz]

Dang. Hope everyone recovers. Very sad to hear about the Mexican guy, really big mistake on his part for leaving. I hope you guys don't face future issues because of this injury, it's prone to come back and haunt you later on in life. Sue that mfer for everything he has.

[Solidape]

Get well soon brother ish

[HenryGarfunkle]

Wah. You're lucky to be alive.

[robert de niro]

better call saul, get well OP

[dude77]

Wah. You're lucky to be alive.

this

65 mph collision .. could very well be dead right now

[bladefd]

Sorry to hear that. Get better soon.

Must have been a scary way to be awoken like that. I hope the drunk guy loses his license for several years - bastards like those make me rage. Luckily, I have never been in such an accident and hope never to be.

[warriorfan]

You sound like you have tinnitus from the injury, make sure you reprot this to the doctor. It sounds like a permanent, constant ringing that is going to keep you awake for the rest of your life.

hint hint
Dr. K

dont quit your day job

[greymatter]

my family and I were driving down to Santa Barbara to attend my good friend's wedding, known the dude since I could walk. There was a jam from a previous accident and we were fully stopped when this fu.cking asshole drunk driver hit us around 65mph. Asshole didn't even hit the brakes. I was passed out in the back napping and woke up to my body flailing and a noise louder than a gunshot. I'll tell you that's the worst way I've ever been woken up.

Feeling dizzy and words coming slow from the concussion and what's looking like a fractured hand, in addition to whiplash and lower back and leg injuries. My mom hurt her head, neck, and elbow too and my dads leg was banged up.

Piece of shit drunk driver was completely unscathed. Not even a scratch. Honestly I don't even mind the injuries as much as this jackass ruining me going to my boy's wedding

There was a dude that was in the car that we hit due to the impact. Young Mexican guy, his lower back was fu.cked, he was in a ton of pain and vomiting too. Felt real bad for the dude, he declined to go in the ambulance because he couldn't afford the medical costs.

Just needed to vent about this, I'm sitting in the hospital bed, car is absolutely totaled, while missing my buddy's wedding pre party.

That is quite common because your body is all loose and relaxed when you're hammered. You are less likely to suffer serious injury if your body isn't tensing up.

Good luck on your recovery and getting reasonably compensated with the upcoming lawsuit.

[oarabbus]

Thanks for the well wishes everyone means a lot to know the ISH fam cares


CakeorDeath, I really appreciate the detailed response and information.

Stalker, we're working on getting a lawyer for this case right now.

Glad to hear you're Ok. Makes me feel like a piece of shit that I used to drive drunk all the time when I was younger. Never again.

My wife works for a law firm that maximizes claims. Any advice you need buddy

Today I woke up and my neck is hurting like a bitch. However I didn't get xrays for it during the night of the crash, although the hospital knew I had neck pain. Can the lawyers have the doctors confirm it's from the whiplash or whatever?