QUESTION
What am I entitled to after a car accident in California?
Asked on Aug 03rd, 2013 on Automobile Accidents - California
More details to this question:
I driving down a road at speed limit. I had the right of way and the other driver crossing was at a stop sign and decided to try to make it before I got there. They didn't and as a result I slammed my brakes and ran into them. I had to be taken in an ambulance because I could not walk. I felt disoriented, but knew where I was. More shock and whiplash, and disbelief. Admitted to hospital and had x rays done. Everything came back fine, just a sprained ankle and multi bruises and soreness. I don't have health insurance. That was my only car. I'm a med student and now I am going to have to take leave of absence from it because I have no way to get there on the days required. Thankfully, I haven't had to miss work because I have the same shift with a neighbor. What am I entitled to? I was the only one injured and other parties have full coverage as do I.
1 ANSWER
Plaintiffs Personal Injury Attorney serving Santa Rosa, CA
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Under California law, you are entitled to compensation for all your medical expenses, including the ambulance ride, all of you out of pocket costs, a reasonable amount for pain and suffering, and the fair market value of your automobile if it was totaled or the costs of repair. You can make such claims against the other driver's insurance company. You have two years from the date of the accident to file a suit, if negotiations with the insurance company don't result in an offer from the insurer that you are satisfied is fair.
As for the interruption of your medical school studies, I'd need to know whether the leave of absence due to your sprained ankle will require you to repeat the semester/quarter/academic year and, if so, whether the tuition you have already paid for that term will be forfeited. I'd also need to know whether your leave of absence would impede your progress to the extent the award of an MD degree would be delayed a semester/quarter/year.
Depending on the answers to those questions, you may be able to claim additional compensation for the interruption of your medical studies.
Answered on Aug 05th, 2013 at 1:01 PM