Car Accident on the 101 in LA

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luvjoy

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I was at a full stop just minding my own business, suddenly this person driving behind me nails me!

when i questioned him "why he didnt see the traffic at a stop, he said he was sleepy!

He has insurance. We drove to the ER, me and my wife.
Question is:
Should i have used my insurance or should i have checked out as uninsured?

As we checked out of the hospital I was told only uninsured people can get a reduction in their hospital bill, 74% reduction.
#2, I didnt want my insurance premium to be raised because of this incident, was i right?

#3, What percentage should a lawyer charge? what should the lawyer bill for?
#4, should the car repair and hospital bills be paid first, before the attorneys fees are calculated?
 
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I was at a full stop just minding my own business, suddenly this person driving behind me nails me!

when i questioned him "why he didnt see the traffic at a stop, he said he was sleepy!

He has insurance. We drove to the ER, me and my wife.
Question is:
Should i have used my insurance or should i have checked out as uninsured?

You should have called the police.
You NEVER leave teh scene of any automobile accident without contacting the police.
When you leave without calling the police, you OIFTEN get stiffed on any charges.
You don't know IF who the person says he/she is is REALLY who they are!
DID YOU CALL THE POLICE?



As we checked out of the hospital I was told only uninsured people can get a reduction in their hospital bill, 74% reduction.
#2, I didnt want my insurance premium to be raised because of this incident, was i right?

If you had health insurance, you shoudl have used your health insurance.
The health insurer would hav ethen subrogated against the party that struck you.
You don't know if that perosn actually has insurance.
You would have bene WISER to use your own insurance.
I don't know what you did.


#3, What percentage should a lawyer charge? what should the lawyer bill for?

Most lawyers will charge anywhere from 25-33% of your award, plus legal expenses and fees.
Each attorney will doiscolse their fee arrangement with you in a written retainer agreement.
You and the lawyer will sign the agreement.
Discuss the specifics of your legal arrangement with the attorney you select.
Do NOT choose an attorney that will NOT provide you with a written retainer agreement.
That is your contract.
You never pay up front.
Personal injury attorneys take thges ecases on a contingency basis.
You don't win, you don't owe your attorney.


#4, should the car repair and hospital bills be paid first, before the attorneys fees are calculated?

Your attorney will disclose all of that to you in the retainer agreement.
Your expenses come out of your portion of the award.
If the attorney gets 255 of a $10,000 award, you receive $7,500.
The car repair should be poaid by your auto insurer.
Your insurer will subrogate against teh perosn that injured you and damaged your car.
That is also how health care costs are done, but by your health insurer.
if you have personal injury protection or medical as a rider on your auto policy, your auto insurer will pay for you; and subrogate against the bad guy!
Again, every case is different.
This is ONLY illustrative of what is often done!
 
Regardless of the choice you made at the hospital, any amount that you pay out of pocket is something you can claim from HIS insurance for reimbursement.
You should be able to provide any medical expenses to your ato insurance, and then the two auto insurance companies can work it out.
 
I did call the police immediately, he did have insurance and his insurance company already accepted liability, i switched the hospital bill to my health insurance!

My lawyer is charging 33 1/3 percent, gross award.

I was told there is a doctor i will have to see also, more expenses for me!

how much should i expect to pay for the doctor?

Is this going to be another 33 percent for the doctor?

Is it possible to collect pain and suffering on my own, without an attorney? or doctor?

Would you please tell me how i could do this through any insurance company?

How can i maximize the pain and suffering through an insurance company?

If my insurance company is better than his, should i file the claim through my insurance company?
 
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Call your auto and insurance companies and explain what happened. Provide them with the other driver's information. They will know how to proceed.

It sounds like you are wishing you had provided the other driver's auto insurance information when you went to the hospital... that is not what the hospital would have wanted. ANY medical expenses you take on should be directed to the auto insurance company for reimbursement, and this is easiest to do by providing all your information to your own insurance company and letting the two insurance companies hash it out.
 
I did call the police immediately, he did have insurance and his insurance company already accepted liability, i switched the hospital bill to my health insurance!

My lawyer is charging 33 1/3 percent, gross award.

I was told there is a doctor i will have to see also, more expenses for me!

how much should i expect to pay for the doctor?

Is this going to be another 33 percent for the doctor?

Is it possible to collect pain and suffering on my own, without an attorney? or doctor?

Would you please tell me how i could do this through any insurance company?

How can i maximize the pain and suffering through an insurance company?

If my insurance company is better than his, should i file the claim through my insurance company?
 
It sounds as if you have not yet spoken with the auto insurance companies involved.
After you do that, if you have some questions that they can't resolve, then ask around.
They handle these claims all the time and know exactly what to do.
Personally, I would call my own insurance company and provide them the other person's insurance information. They will ask questions about injuries and expenses and ask for those documents to be forwarded to them. They will take it from there.

Again, the hospital was not likely the lease bit interested in the other driver's auto insurance info. I'm not sure why you think you did something wrong at the hospital.
 
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