L&F Brown is now Westwood Law. Same partners, same team, new name.

L&F Brown is now Westwood Law. Same partners, same team, new name.

Medical Bills Over $300,000, Insurance Only $30,000. The City Could Be a Second Defendant.

You are holding two numbers that do not belong in the same sentence. One is the hospital's. The other came from an insurance adjuster, and it is the smaller one by a factor of ten.

This is a California problem with a California answer, and in Los Angeles specifically there is a second place the money can come from, so some of what follows will not apply if you were hurt elsewhere. The driver who hit you carried $30,000, which is the state minimum for injuries to one person. That number is not an opinion about your injuries. It is the most that one insurance company ever agreed to pay for anything that driver did, and it was set years before you met them.

The arithmetic that matters is not theirs. It is the arithmetic of who else can be made to pay, and in California that calculation is unusually favorable to you.

California Does Not Divide Medical Bills by Fault

This is the rule that decides whether a case like yours works, and almost nobody outside the practice knows it.

California sorts damages into two buckets. Economic damages are the things with receipts: medical bills, lost wages, the cost of future care. Non-economic damages are pain and suffering.

Those two buckets follow different rules when more than one defendant is responsible. Economic damages are joint and several, which means any defendant found even partly liable can be pursued for the entire amount. Non-economic damages are apportioned, so each defendant owes only its own percentage.

Read that again with your numbers in it. If a second defendant is found 15% responsible for your crash, that defendant does not owe 15% of your $300,000 in bills. It can be liable for all of it. The 15% only caps what it owes for pain and suffering.

The questions that open up a second defendant are plain ones. Was your view of oncoming traffic blocked by vegetation, a sign, or the geometry of the approach. Was there no protected left turn arrow, or a green too short to clear. Were the lane markings worn away, a sign missing, the lighting dead. Have other people crashed in the same place. Look up the crash and injury counts where you were hurt:

A local attorney, not a remote firm

An Eye Trained on What Actually Failed

My father worked as a traffic engineer for the City of Los Angeles, and he taught me what actually makes an intersection dangerous. I can take a second look at your crash to see whether the corner is part of why your bills are this high.

Arya Firoozmand, Esq.
Arya Firoozmand, Esq.
Founding Partner · UCLA Law, '14
My father was a traffic engineer for the City of Los Angeles. I look at a corner the way he taught me to.
Find Your Intersection

Look Up Where You Were Hurt

Four corners from our own data, as an example of what to look for:

Not your corner? Search the full crash record

The Worked Example

Say your economic damages come to $340,000, most of it hospital and surgical, with the rest future physical therapy. Pain and suffering, call it $500,000. The driver who hit you has $30,000 and owns nothing worth attaching.

Now suppose the intersection is part of the story, and a jury puts the city at 20% because the left turn had no protected arrow at a corner where this had happened repeatedly, and the driver at 80%.

  • Economic damages, $340,000. You collect the driver's $30,000. The city is liable for the balance, because medical bills are not divided by fault share. Not $68,000. The balance.
  • Non-economic damages, $500,000. Here the 20% governs, so the city's exposure is $100,000. The driver's 80% share is uncollectible beyond their exhausted policy.

A case that looked like a $30,000 case becomes a case about $410,000 in collectible money, and the thing that changed was not the severity of your injuries. It was identifying a defendant who is not capped by a policy.

Two honest qualifiers. Your own comparative fault comes off the top: if you were 20% responsible, the whole recovery reduces by 20% before any of this. And a public entity cannot be made to pay punitive damages in California, so that avenue does not exist here.

Who the Second Defendant Usually Is

Suing the driver personally for the rest is always technically available and almost never worth doing. Someone who carries $30,000 in coverage typically does not have $300,000 in personal assets for a judgment to reach, and an uncollectible judgment does not pay a hospital bill. The realistic candidates are different.

In a Los Angeles crash with injuries this serious, the realistic candidates are a short list. The driver's employer, if they were on the clock, which brings a commercial policy that is usually a multiple of $30,000. A bar or venue that kept serving someone visibly drunk. A vehicle or parts manufacturer, where something failed. And the public agency responsible for the road, where the road itself helped cause the collision.

That last one is the one nobody raises in the first month, because nothing in the ordinary process asks the question. The traffic collision report allocates fault between drivers. The adjuster discusses the policy. No part of that machinery stops to ask whether the intersection was maintained in a condition that made this crash likely.

Your Bills Are Not Sitting Still While This Happens

One practical thing, because it changes what the arithmetic above is actually worth to you.

If your health insurer or a hospital paid or treated on credit, they will assert a lien or a right of reimbursement against whatever you recover. A $410,000 recovery with $200,000 of liens behind it is not $410,000 in your hand. Liens are negotiable, often substantially, and a hospital lien in California is subject to statutory limits on how much of the recovery it can take. Whether anyone negotiates them down is a function of who is handling your case, not of good luck.

This matters for a reason that is easy to miss: the bigger the total recovery, the more room there is to satisfy the liens and still leave you with something. Accepting $30,000 against $300,000 of liens can mean walking away with nothing at all.

The Deadline Is Six Months, Not Two Years

If a public agency is in the picture, forget the two year figure you may have read. California requires a written claim presented to the responsible agency within six months of the crash, and the agency has to actually receive it at the right claims office.

The routing is a trap worth saying out loud. A City of Los Angeles street goes to the LA City Clerk. A freeway or a ramp is state property, and a claim over $12,500 goes not to Caltrans but to the Government Claims Program at the Department of General Services in West Sacramento, with a $25 fee. Beverly Hills, Santa Monica, Culver City and the other independent cities each take their own. Unincorporated areas go to the County.

What This Does Not Fix

A case against a city is stronger than a case about a freeway, and you should know why before you count on either. Public agencies are protected where the complaint is about an approved engineering design, and a freeway interchange is the clearest example of one. The maintenance failures above are different, because nobody approved a plan to let the striping wear off.

Freeway cases are harder rather than impossible: an agency can still be liable for failing to warn of a hidden hazard, and the joint and several rule still reaches the full bill.

And some of these investigations end with the answer that there is no second defendant, in which case the $30,000 really is the ceiling and anyone who tells you otherwise is selling something. We would rather tell you that in month one than month five. We handle these cases, including one that ended in a $6,000,000 settlement against a government entity. Send us the intersection and the bills and you will get a straight answer about which of these applies to you.

Common Questions

Frequently Asked Questions

Who pays my medical bills if they are more than the driver's insurance?
Whoever else is liable. The driver's carrier pays up to its limit and stops. Beyond that the sources are your own underinsured motorist coverage, the driver's employer if they were working, a commercial defendant such as an overserving bar, or a public agency responsible for a dangerous road condition. Your health insurer may also pay in the meantime and then assert a lien on your recovery.
Does a defendant who is only 20% at fault pay 20% of my medical bills?
No. In California, economic damages such as medical bills, lost earnings and future care are joint and several, so a defendant found 20% at fault can be pursued for the entire amount of those damages. The 20% figure limits only its share of non-economic damages, meaning pain and suffering. This is why a minority-fault defendant can still be worth pursuing.
Will hospital liens take my whole settlement?
They can take a large share, which is one reason the size of the total recovery matters so much. Health insurer reimbursement rights and hospital liens attach to what you recover, but they are negotiable and California limits how much of a recovery a hospital lien may claim. Settling for a small policy limit against large liens can leave you with little or nothing.
Serving Southern California

Communities We Serve

We represent injured residents across the region. Each page below covers local roads, courts, and case strategy specific to that community.

See all our service areas →

See how we can help today—
and prepare you for tomorrow.