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Best action for "no-fault" insured vehicle accident in "fault" state?

Riverside, CA |

I just moved to California and do not own a car. I borrowed my friends car and was involved in a fender bender in stop-n-go traffic. My friend insured her car in Florida with Geico. Geico is covering the other vehicle's damage, but will not cover the occupants injury. They did not have adequate insurance and now their company (esurance) is trying to collect from me. I am a student and don't have the $30,000 that they are claiming. What is the best action for me to take?

Attorney Answers 3

Posted

As the other attorney mentioned, refer Esurance to Geico and you should ask for an explanation in writing. From the facts you mentioned, it appears your owner had minimal insurance compared to above limits damages from the other car. If that is the case, the other car's underinsured motorist coverage kicked in and they will pursue you. If this happens, I would not agree to pay anything as bankruptcy might by your best option, depending on other debts, financial situation, etc..Call me, free of charge, to discuss further. Dave Hiden 619 296 5884. tx.

Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of the law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for adviceThis response does not constitute or make an attorney-client relationship as it is made for general purposes; answering attorney does not possess enough information to inform recipient of the applicable statute of limitations. You may also contact Mr. Hiden at (619) 296-5884 or by email at "dhiden@hrollp.com"

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Posted

Refer the Esurance people to Geico. If Geico is denying the claim, as they put it in writing with a full explanation of the reasons for denial.

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Posted

You didnt say how the accident happened so I cant say if your at fault or not. I agree with the other attorney that responded. If the insurance company wants to take the position that there is no insurance or inadaquate insurance they need to do so in writing. Then you will likely need to take the insurance policy and their letter to an attorney and see if they are correct. Talk to your family, see if your a named insured on any of their policies, there may be coverage there. Good luck

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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