A Discussion About Uninsured Drivers and Medical Payment Insurance Coverage

Many times, you will be driving on a road, freeway or highway and will either be witness to or victim to a car. motorcycle, truck, bicycle or pedestrian accident. Many times one or both vehicles contain injured drivers or passengers. Other times, one or both of the drivers may be uninsured. The question is, what do you do when this happens?

Pursuing An Uninsured Driver

Personal injury litigators would like the public to know that they should not throw their hands up in the air and give up if they happen to be struck by an uninsured driver in a motor vehicle or car accident. The myth is that no one can get any money from an uninsured driver, but Los Angeles personal injury attorneys would like to challenge those claims. They are sometimes able to win money for their clients who were struck by an uninsured motorist.

In the event it is not possible to collect from the uninsured driver’s personal assets, it may be worth pursuing with your own insurance company to obtain the benefits you are entitled to, especially if medical treatment was involved due to bodily injury and harm. This would be covered under your own insurance policy’s Medical Payments Coverage, a clause entitling you to reimbursement for the cost of your medical treatment. However, Medpay is reimbursable, if you do recover or settle with the opposing party’s insurance company. In that case, your own insurance will ask for you to reimburse the Medpay benefits you received. Sometimes, with a good attorney, you can get your own insurance company to waive their reimbursement requirement. All you need is an excellent Akiva Niamehr LLP attorney on your side.

Personal Injury Lawyers who Fight For You

One of the frustrating things about dealing with insurance companies in these situations is that they frequently do not cover everything that is involved in an uninsured motorist accident. They want to cover just the property damage that can be seen on the vehicle for example. What this means is that they try to wiggle out of having to pay for things such as pain and suffering and other intangible monetary damages to which you may be entitled. These are real things that need to be compensated for as well. In order to make the most out of a bad situation, all drivers are encouraged to seek out the professional help of Los Angeles personal injury attorneys at Akiva Niamehr LLP. It is the only way to ensure you are receiving justice for the harm that occurred to you or a loved one while obtaining fair and appropriate compensation for your bodily injury, medical treatment, lost wages and pain and suffering. When spouses are involved, a loss of consortium claim may also be presented to the insurance company adjuster.

How Does Negligence Work In A Court Of Law?

There is a lay person’s definition of the word negligence, and then there is the definition of this action as it relates to what holds up in court. Personal injury lawyers frequently investigate if the incident that is being described to them by a potential client seems to fit into the category of someone who has literally committed negligence or not. Car accident lawyers will not proceed with a case in California if they do not think that it will reach the legal definition of negligence at the very least. Aggravated forms of negligence that will definitely be less difficult to prove in court include recklessness such as felony drunk driving.

What Is Negligence?

In a strict sense this means that the offending party did not act with the necessary care to perform the action that they were taking at a necessary time and as a result, someone ended up getting hurt.  Negligence can be present in dog bite attacks, premises liability cases, drunk driver accidents, pedestrian accidents, car accidents, construction accidents, burn injuries  and more. In a car accident scenario, this can mean that they were doing something such as talking or texting on their cell phone while driving or failing to act as a reasonable person would under the circumstances. An automatic or inferred assumption of negligence, called negligence per se,  is arrived at when a California Vehicle Code Section is violated. This is why police reports also become a critical factor in a negligence or recklessness determination. For instance, if the officer cited the other party for driving at an unsafe speed which is California Vehicle Code section 22350, then an inference of negligence already exists. In more serious accidents that involve a car getting totaled, a person being taken to the hospital for serious injuries, negligence is somewhat easier to prove when one looks at the property damages and bodily injury that resulted, especially where more than one person was injured.

Since many different scenarios can occur and do occur, it is best to contact one our fine car accident litigators at Akiva Niamehr LLP to discuss your case.

How is Negligence Proven by Our Car Accident Attorneys at Akiva Niamehr LLP?

Our law firm is going to look at each individual case that comes before it to try to determine if one of our Los Angeles personal injury attorneys can make your claim a successful one. Proving this means showing a number of elements to the court.

One has to show that the other driver had a duty of care that they were expected to uphold. They must also prove that the offending individual breached that legal duty that was placed in them when they acted in a certain manner or failed to take certain actions. Finally, it must be shown that the negligence was what caused the accident and injuries as a result. These are all high bars to get over, but that is why it is just so important to have a talented attorney who has succeeded on such claims for his clients. Click here to learn about the track record of our attorneys at Akiva Niamehr LLP on a wide array of legal cases including motorcycle accidents, premises liability cases, automobile accidents and more.

DUI Misdemeanor and Felony Violations Cause Automobile, Motorcycle, Bicycle and Pedestrian Accidents

Nobody plans on being hit by another driver, let alone someone driving under the influence of drugs or alcohol. But when the unexpected does occur, it’s important to know the damages to which you may be entitled. Our personal injury lawyers at Akiva Niamehr LLP offer the following advice.

Were you a Victim to a Drunk Driver as a Driver, Pedestrian or Passenger?

You may have been driving without valid insurance when you were unexpectedly hit by a DUI driver in a motor vehicle accident. You may have suffered injuries and think you have no recourse. In fact, you may even be afraid to pursue any type of compensation. The reality is you have more options than you think.

In an earlier post, we told you about California’s Proposition 213, which limits the type of compensation to which individuals without valid insurance are entitled. This compensation includes economic damages only, which are damages that are easily assessed and often involve quantifiable loss to one’s health or to one’s property.

However, the exceptions are those occurrences in which the at-fault driver is found to be driving under the influence of drugs or alcohol. This means, that if you don’t have valid insurance at the time of your accident, and the at-fault driver is found to have illegal amounts of drugs or alcohol in his body, then you may be entitled to both economic and non-economic damages.

What are your Money Damages?

For those who don’t know, non-economic damages are those that may result in chronic, recurring, debilitating pain, including mental anguish or anxiety. These injuries may not manifest themselves directly after an accident and may take several weeks or months to materialize and to diagnose. As a result, non-economic damages are harder to prove and may require special testimony in order to secure compensation. Thanks to proposition 213, you may still seek compensation for such injuries even if you lack proper insurance.

Victims of Drunk Driving and Drunk Drivers

Of course, those with valid insurance are naturally entitled to pursue both economic as well as non-economic damages. The latter category is especially relevant to victims because, as mentioned before, these injuries are often slow to materialize and may not be covered by initial settlements.

A skilled lawyer can assist you in providing for long term conditions of which you may not be aware. Your lawyer will work to ensure that you receive compensation for loss to your person and property, as well as potentially devastating impairment to your future health and financial wellbeing.

Victims of DUI’s usually have a strong case against the at-fault driver. Because of their portrayal in popular culture, DUI’s are often mischaracterized as easy meal tickets. This can lead individuals to settle prematurely with insurance companies or lawyers.

The smart choice? Obtain a lawyer. You can call the personal injury lawyers at Akiva Niamehr LLP today.

About Bicycle Accident Injuries and Medical Treatment

Bicycle accidents are increasingly frequent. With automobile vs. bicyclist accidents, the injuries can be devastating and often are. Whether a vehicle or car is making a left turn and can’t see an oncoming bicyclist proceeding straight through an intersection or whether a car rear ends and hits a bicyclist off his bike, there are many different scenarios and circumstances that can occur and can give rise to a legal claim of negligence and liability as a result.

Bicyclists are often the injured party, as a bicycle even with a high force of impact can do less damage to an oncoming vehicle than an automobile or vehicle can. Since this is often the case, bicycle accident victims often find themselves severely injured or debilitated given the extent and severity of the impact. In terms of property damage, we typically see bicycles significantly damaged and coming undone.

Medical treatment for a bicycle accident victim could include chiropractic treatment, physical therapy, pain management and more. In serious injuries that result in bodily limb amputation or broken bones or fractures, the treatment would be more extensive and prolonged. It may even include the need for surgery. Neck and spinal injuries can necessitate steroid epidural injections. If you or a loved one was injured in an automobile or vehicular accident involving a bicyclist, you may want to discuss your potential claim or case with one of our professional trial and bicycle accident attorneys at Akiva Niamehr LLP. Our team of attorneys is hard at work for your legal claim while you obtain the necessary medical treatment to recover from your injuries. You can rest assured your case is in good hands.