Bottom line: not enough info here - of course you can sue - was there a traffic accident report done? I would recommend having an attorney (personal injury attorney who specializes in auto accident cases) look at your case.
Wait------her dad (the owner) apparently has insurance - as an owner he would have liability up to $15,000 - so I would do anything until such time that the other party does something. If they contact her I would submit anything to her father's (owner of vehicle) carrier.
Generally - he is at fault - the vehicle code section is Vehicle Code section 22350 which provides:
No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
My advice? Get an attorney to help out!
I would highly recommend contacting an attorney who specializes in Medical Malpractice cases ASAP. There are unique rules/laws which apply to medical malpractice - for example, STATUTE OF LIMITATIONS IN MEDICAL MALPRACTICE CLAIMS: a medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases,...
Short answer: no. Farmers is a sophisticated insurance company not a nice fairness company. You indicate that you have a pre-existing injury which was exacerbated by the accident - this scenario often times (always?) allows an insurance company to fight you on "causation" grounds - that is they argue that the present accident did not cause the injury of which you are now complaining - that the injury actually pre-existed the accident & they are therefore not responsible / not responsible as...