Valencia, et al. v. Robles, et al.

Michael Pines

Case Conclusion Date: April 18, 2006

Practice Area: Car / Auto Accident

Outcome: $750,000 Insurance Policy Limits

Description: Young female was killed while riding in a car driving by her boyfriend who was DUI. Boyfriend was criminally charged and had no liability insurance. The case was then handled as an Uninsured Motorist case. Progressive Insurance Company argued that the deceased was responsible for her own death as she knowingly got into a car that was driven by a drunk driver. Furthermore, Progressive argued that the deceased had no future income earning capacity as she was working for minimum wage and had a high school education, with no plans to attend college. Our firm hired a Spanish Speaking private investigator who went and visited the responsible DUI driver in a "jail visit" before he was represented by an attorney (the Public Defender). We got him to admit the accident was his fault, the deceased had no reason to know he was drinking and he had no insurance at the time of the accident which is a legal requirement for an uninsured motorist claim. We showed that the deceased family had significant elements of wrongful death damages including their late daughter's care, comfort and support, as well as a strong expectation of her future income. We gathered extensive evidence including expert witness documentation