Are my conversations with an attorney privileged?

When you consult an attorney, you should not worry that the conversation will be shared with others.  Even if you and an attorney decide not to work together, the conversation you two had is privileged.  I will not share anything you tell me with people outside of my firm.

This is commonly referred to as the attorney/client privilege.  It should be called the client/attorney privilege because the decision whether to share information is with the client.  As the client, you are hiring an attorney to represent you and keep your information confidential.   The attorney cannot share information unless you direct him or her to do so.  You control disclosure of information.

When you hire an attorney, you are using their services to help you reach a goal.  But your information will not be shared unless you direct it to happen.  You can feel secure when you meet with me to discuss your case that your information will be kept confidential.

Should I file a lawsuit?

Filing a lawsuit is a difficult decision.  My goal is to give you as much help as I can to understand the process and to make an informed decision.  There are other options besides filing a lawsuit that I can discuss with you.  Certain matters can resolve with a pre-litigation demand.  This means that I can negotiate with the insurance company for the person who injured you and try to resolve the matter without filing a lawsuit.  This is faster and less public way of resolving a dispute.  It may not work in all cases, but if it is possible, I will discuss this option with you.  If you have any apprehensions about filing a suit, I am more than happy to speak with you about your options.

Medpay in your auto insurance policy

Your automobile policy has an option where you can add medical payments, usually referred to as medpay.  Medpay insurance is generally no-fault insurance that will pay for your medical bills related to an auto accident.  If it is no-fault, this means that you can have your bills paid regardless of whether you caused the accident or not.

If someone else caused the accident and you decide to negotiate a settlement with the other driver's insurance company or bring a lawsuit against the other driver, these processes can take time.  Medpay, on the other hand, can put the policy amount, which could be $5,000.00 to $20,000.00, in your hands much faster, possibly within weeks of the accident.  You can usually select to get paid directly and then you can decide what to do with the money.

If you do not seek compensation from the other driver, you will not have to pay this money back.  If you do bring a lawsuit, then your insurance company will want to be paid back but in certain circumstances, you may not have to pay back the full amount.

I recommend you look into obtaining medpay insurance on your automobile insurance policy.  And if you have a situation where medpay applies I recommend you consult an attorney for advice.  Not every insurance policy is the same.

Get More Uninsured Motorist Coverage

In California, drivers are required to have automobile insurance.  If a driver causes an accident, he or she should have insurance to cover your bodily injuries.  However, the policy limit requirements are very low:  $15,000.00 to cover you and $30,000.00 total if you have other people in the vehicle.  And that is only if the other driver even bothers to follow the law and carry insurance.  Many drivers do not.

What can you do to protect yourself?  Automobile insurance companies are required to offer uninsured motorist coverage.  If a driver without insurance hits you, you can make a claim to your own insurance company for your damages.  Or if the other driver has a low policy like the $15,000.00 policy, if you collect that amount, your own policy becomes “underinsured motorist coverage” and it allows you to claim against the uninsured coverage under certain circumstances. 

Uninsured motorist coverage usually starts at $50,000.00 to cover your own injuries and $100,000.00 total to cover other people in your car.  This may not be enough to cover your injuries and damages.  Therefore, I strongly recommend you look into raising your uninsured motorist coverage limits, at least to the limits you are willing to pay to cover other people, if not more.  You are paying to cover injuries to other people if you cause an accident.  What about you and your family?  Make sure the amount of a potential recovery you can get for your injuries is not just based on whether other drivers care to buy proper insurance.

If you have any questions about the above information, please contact me.