There are two parts to any negligence case: (1) Liability and (2) Damages.
Liability means that you did something wrong and caused injury or damage. So if you were at fault for the accident and your negligence caused damages or injuries, then you may be held liable for those damages.
The damages portion of the lawsuit deals with the extent of the damages you caused. You can be held liable and therefor must pay for all the foreseeable damages caused by your negligence. However, this...
Insurance companies have subrogation and reimbursement rights. These contractual and statutory rights allow the insurance company to be reimbursed or to recover the amount of money they paid on your behalf. This is customary.
Without knowing the context of your conversation with your lawyer, it was probably meant that the recovery for property damage will not be subjected to his attorney fee amount, i.e. his 33.3% It does not mean the insurance company is not allowed to recover the amount...
This is not uncommon. But since yo are represented by a lawyer already, you should be asking him these questions and making sure he understands your statement of events. You should work with your attorney in resolving this matter.
I am not licensed to practice law in Nevada, which is the state law that would likely be applied to your lawsuit since that is where the accident occurred and where the injuries were sustained. You should speak with a licensed NV attorney.
However, both California and Nevada have Uniform Fraudulent Transfer Acts. The CA version can be found here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3439-3439.12 And the Nevada version can be found here: http://www....
Many attorneys represent both plaintiffs and defendants in their respective claims. Some attorneys do limit their practice to Plaintiffs only or Defense only, and this claim is normally asserted on the attorney's website.
If you haven't already, you can use the general formal interrogatories to discover the exact business entity of the defendant. Just be sure to mark all the questions in part 3, which seeks the general background information for businesses.
Discovery Form - 001 can be found at:
Any party to a lawsuit has a right to file a motion for preference if they have proper grounds to do so. The grounds for such a motion are found in C.C.P. Section 36.
However, the way I understand your statement/question is that the Plaintiff is the minor and the Defendant is not. And the Defendant is the party that brought the motion for trial preference on the grounds that the Plaintiff is a minor.
I also have assumed that the statute relied upon by the Defendants is C.C.P. 36.
There is an affirmative duty imposed upon defendants to preserve all relevant evidence in anticipation of litigation. See Williams v. Russ (2008) 167 Cal.App.4th 1215, 1223. In most cases, the day this duty arises the day of the injury causing event.
For other cases dealing with the altering or destruction of evidence see: Stephen Slesing, Inc. v. Walt Disney Co., (2007) 155 Cal.App.4th 736; Vallbona v. Springer, (1996) 43 Cal.App.4th 1525 and Karz v. Karl, (1982) 137 Cal.App.3d 637.
I answered this question already, but yes, you have a right to be reimbursed your deductible from the at-fault party. Work with your insurance company to resolve this issue, it sounds like quite a bit of time has passed. Do not delay.
Also, I have assumed that the other driver is at-fault. You would only be able to recover from an at-fault driver. If you were considered to be at-fault then you would not be able to recover from the other driver involved in the accident.