Every day, emergency departments treat a lot of people who have been injured in motor vehicle crashes. According to the Centers for Disease Control and Prevention, in 2009, there were about 2.3 million adult drivers and passengers who were treated in emergency rooms across the United States. The economic impact of such an accident is also notable.
The California Court of Appeals has just recently handed down a very important decision regarding insurance companies. In 2005, an accident occurred when the driver of a truck from Hamilton Meats and Provisions made an illegal U-turn on a coastal highway, which caused him to hit a car. The driver of the car suffered serious injuries and subsequent hospitalization.
The ruling was such that the collateral source rule would still apply, and that the negligent people who caused the injury cannot receive the benefits given by the victim’s insurance. As in the case of Howell v. Hamilton Meats and Provisions, Inc.; when the judge first ruled in favour of the plaintiff, the defendant was asked to pay a large amount to compensate for the medical bills. However, when the defendant’s side later found out that the insurance company of Howell was able to reduce the amount of hospitalization from $189,000 to $59,000, they also appealed to the judge that the amount they would pay to the plaintiff would be reduced as well. However, the judge ruled against this, because it would be unfair to Ms. Howell for having the foresight to get insurance.
If you or a loved one has been injured and need representation, you may call our experienced Arizona personal injury attorneys at Breyer Law Offices P.C. for a free consultation at (602) 457-6222. We may be able to help.