This is an administrative law matter, get an attorney. At the very least you will have to show current proof of insurance. BTW there is a reduced rate plan with reduced coverage available for those with financial issues.
You did not indicate if you had your own insurance policy, that could also apply as well as the drunk driver exception to Prop 213. In any case worse case, you can recover medical bills, property damage and loss of earnings past and future.
Remember just one thing above all, the job of the claims department is to pay you AS LITTLE AS POSSIBLE!!!!! The first adjuster I ever met told me his name was Mr. Poor, like in no money. My office, Binder & Associates has 40 years of experiance in this specific area. Drunk driving cases are special because the carrier never wants that defendant to be in front of a jury. Given that they have offered $18,000 it sounds like the policy exceeds them usual 15/30 that most drivers have. Call...
If they win, the will get a judgement & can attach wages, property, etc. You can file bankruptcy chapter 7 (discharge) or chapter 13 (wage earner plan). Ca homestead act will protect some part of your home if you have one.
In Calif the parents would have no independent legal remedy, since they did not "see" the incident so they can not claim an injury. However, they can sue the driver of the car on behalf of their daughter. If your daughter has emotional problems due to the accident she can recover for those injuries, but proving them will not doubt involve her seeing a psychologist.
Usually these cases are not accepted by the market chains. So, yes you should retain an attorney that deals with market slip and fall cases. These lawyers have contacts that are former employees of the market chains that will testify as to the store policy for conducting "sweeps" of the aisles, but more important how often they really do it. Sometimes the markets have sweep logs, but they have not really conducted the inspection.
You can sue. But, you will have to prove that the hospital staff caused the fractures. It might be very hard to find evidence that points a finger a one specific cause. Remember the burden of proof is on the plaintiff.
You obviously have a claim you can bring for your own injuries. However your claim regarding your cousin consists of four elements 1) Someone negligently caused the death of someone. 2) That you were at the scene of the accident and actually was aware of the injury. 3) That you suffered severe emotional distress because of the incident. 4) That the conduct of the other driver was a substantial in causing your emotional distress. I just settled a wrongful death case this week, but your...
In many States the statute of limitations does not begin to run unitl you reach the age of 18. However you can sue now, with an adult representative. See a local med mal attorney (you can look here on AVVO)
Report it to the police to get license info on the driver, get an attorney ASAP and get medical care for your knee. If you driver of the car that struck you does not have insurance you will still be able to make a claim on you policy of auto insurance if you have uninsured motorist coverage. During the last week I took on 3 cases where the driver of the car at fault did not have insurance. One other thing, be careful of what you say to the police or any insurance company. Intentional acts (...