December 1, 2009 - Court Rules in Long-Running Insurance Feud

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Under California law, injury victims can seek damages from those at fault without deducting their own insurance benefits. The long-running dispute is whether damages should be measured by their total medical bills, or by a lesser amount their insurer pays to resolve them, the San Francisco Chronicle reported Monday.

In San Diego County, an appeals court said the insurance company for a trucking firm at fault in a traffic accident must pay the full amount of the woman victim's medical bills, $190,000, the Chronicle said.

This overturned a trial judge's ruling that they only had to pay $60,000, the settlement amount the woman's insurance company reached with two hospitals for her care.

For years, judges had said that insurance companies for those at fault in accidents only had to pay the amount the victim's insurance settled with hospitals and doctors, typically considerably less than the actual bills.

Lawyers in the case said the battle is likely headed for the state Supreme Court.

The Gary Doehling Personal Injury Law Firm, P.C. handles the following types of cases: Automobile Accidents, Oil Field Accidents, Spinal Cord Injuries, Wrongful Death, Nursing Home Negligence, Cerebral Palsy, Traumatic Brain Injuries, Lead Paint Exposure, Toxic Molds, Medical Malpractice, Insurance Bad Faith Claims, Airplane Accidents, Dog Bites, Drunk Drivers, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, and Slip & Fall Accidents.