My non-legal partner and I each individually own our own cars and legally share no mutual assets. To placate the insurance company over two licensed drivers at the same address we now have joint CA auto insurance. If I cause a wreck in my car, are...
The short answer is most likely no liability would fall on you. However, there is a California statute which requires the owner of the vehicle to liable for up to $15,000 for injury caused by the operation of their vehicle. Insurance coverage offsets this figure so as long as you have coverage on the car, you will not be exposed under that statute.
There is also law which allows an injured party to bring a claim against the owner for negligent entrustment. Essentially, the claim would be you should have known not to allow the person to use your car. For example, if you friend is clearly intoxicated and you let them use your car anyway, you could be exposed. Another example is letting an person whose is unlicensed or has had their license suspended use your car. There are other examples but I think these make the point.
Bottom line, you cannot be held liable simply because you are a named insured on the policy. So long as your friend has a good driving record and isn't impaired, you can let them use your car and if they cause a collision, the insurance will cover it. If the coverage isn't enough, only they will be possibly exposed to excess liability.See question
I was rear ended on the freeway I had no insurance called hwp they made a police report. Got the report they put the other driver at fault. Do I get the money for my property damge ?
If you are uninsured your recovery is limited to economic losses caused by the collision. This includes your property damage and any medical bills or wages lost as a result of the collision.
The lack of insurance prevents you from collecting non-economic damages commonly referred to as pain and suffering.See question
December 2014 my car was parked in San Diego on the street. It was totaled presumeably by a drunk driver who left the scene of the accident but her car was still at the scene. The police filed a report but did not even go to her residence or chec...
I do not handle insurance disputes and suggest you search that category of law as well. I defer to those experts for final say. That said, I feel if you were paid the full amount of available coverage I do not see ground for a suit. That said, you should get title back to your vehicle and have the right to get whatever you can for it. I don't see how they could pay you less than 20% of the value and still claim a right to title. At the very least you should be afforded the chance to take the money they gave you and try to get it repaired using additional funds of your own as well.See question
I was rear-ended while on the freeway, the other driver's insurance has taken full responsibility. I got slightly injured, just an achy lower back and minor shoulder strain. They are asking me if I would like to leave the claim open and when i'm a...
There are too many variables in any given claim to try and put a value on yours with the information provided. That said, I can advise you have two years in which to settle or file a lawsuit before being barred. Once you settle the door is closed forever, so if you settle and something changes for the worse in the coming weeks or months, you would not be able to reach out for more help. I recommend consulting with your doctors about what future care may be required and wait until you are confident you are back to normal or at least almost there. Then go back and present the insurance company with your medical expenses, any time you missed from work (whether you were paid sick time or not they are still on the hook) and describe in as much detail as possible the ways in which the injuries and limitations impacted your quality of life. Then you close with the amount you believe would fairly compensate you. If they don't pay you what you believe is fair, you can retain a lawyer or take them to small claims. Here in San Diego you can get up to $10,000 in small claims court.
I hope you feel better soon and get what you feel is just. Good Luck!See question
My son was involved in a car accident but he was rear ended and at the time his license was suspended but now the other party insurance wants him to pay for their client's expenses. Which at the moment of the accident the officer offered the other...
If your son did not cause or contribute to the accident happening then there should be no reason for him, you or your auto insurer to pay anything. The fact that he was driving with a suspended license would not make him automatically responsible for being rearended by someone else.
Unless your son was specifically excluded from your auto policy, he should still be covered. I would recommend you contact your insurer and advise them of the collision and claims being made. They have an obligation to defend you. Keep in mind they can only increase your premiums if you or your son are found to be more than 50% responsible for the collision, so there is no harm in you reaching out to them for help at this stage.
Good luck!See question
I was tboned on my left side on my 2016 Kia on 4/24/2016 and Safeco the insurance company of the person that hit me denied responsibility . I felt ok so on 4/26/2016 I gave a recorded statement that I was ok. My insurance State Farm won via arbit...
You have two years from the date of injury to file a lawsuit. If you do not resolve the case before then or settle, you will be forever barred. You can contact Safeco and advise them you are seeking medical treatment for injuries suffered in the collision. They will re-open a claim and almost certainly dispute it. SafeCo has no obligation to pay for your medical care. You should look to your own health insurance to pay for medical care. If you do not have insurance, you might be able to convince a provider to treat you on a lien. This means they are agreeing to be paid after the case resolves. If you lose the case, you would still have to pay them.
You should never settle the claim until you are comfortable with the outcome. If you settled for $1000 tomorrow but then later find out you need surgery on your shoulder, you could not re-open the claim. Be careful not to sign anything SafeCo sends which involves payment to you.
Considering you have not had any treatment since the accident, it is unlikely you will get a reasonable offer from SafeCo unless you are represented by an attorney. Once you see a doctor and are provided a diagnosis I encourage you to contact a personal injury attorney and discuss your situation in more detail. Any reputable injury attorney would provide you this consultation free of charge and without future obligations.
I hope you feel better soon and get the justice you deserve.See question
I was rear ended on the freeway. I got whiplash and have been going to PT for 3 weeks. They have offered me 1,600 for pain and 2,500 for medical bill. Just wondering if that is a good offer. I really dont have cash for legal help
There is much that goes into evaluating a injury claim. You are entitled to be reimbursed for any medical expenses and lost wages, both which have already occurred and which may occur in the future. Additinally, you are entitled to non-economic damages, commonly referred to as pain and suffering. This includes compensation for the way in which the injuries and limitations from the accident effected your ability to do day-to-day activities or enjoy socializing and recreating. In order to properly evaluate a case an attorney would need to meet with you and get to know you and how this accident has effected your life.
You should also be wary of settling if you are still in treatment. Once you settle, you can never re-open the claim. If you symptoms persist and you need further treatment you will be prevented from seeking reimbursement from the person who caused the accident.
Finally, a consultation with an injury attorney will be free of charge. If you elect to be represented by someone, they should only take a contingent fee (a percentage of the recovery) along with reimbursement for litigation costs. You would not have to pay anything out of pocket to a reputable injury attorney.
I suggest you reach out to someone and provide them more information about the accident and you injuries.
Good luck and I hope you recover quickly.See question
In Feb 2015 I had a total hip replacement at a Military hospital. I'm a spouse of an active duty service member. After 8 months of seeing Navy doctors, with them telling me I am fine each time, I see a civilian Doctor. Actually, I saw three. All t...
You need to schedule a meeting with an attorney in order for a thorough evaluation of your claim. I would not delay as there are strict statutes of limitation in which to bring medical malpractice actions. These limitation periods may be accelerated by the fact the defendant was in the course and scope of employment with the federal government when the negligence occurred. Ordinarily you have 1 year from the date you discovered the negligence or three years from the date of the procedure. In cases against government entities, these statutes can be accelerated to just six months with some exceptions. I don't know enough about your case to offer any opinions other than you should speak to someone soon. It sounds like you have a valid claim if it is not time barred.
It is terrible what you have been put through and I hope you are able to find some justice for these harms.
Good luck!See question
Help for people I know. Mother was killed by a car (pedestrian accident). Her only heirs are her minor children (no husband). How long do they have to file a claim relating to this death? Would it be 2 years after their 18th birthday?
You are correct. That being said, it is never a good idea to wait on a claim. The children can be represented now so long as a guardianship is established to handle the claim on their behalf. If the claim is successful in generating a settlment or judgment, the funds would be placed in a controlled account to benefit the children. There is much that goes into a case like this and I recommend you consult with an attorney as soon as possible for a more thorough and complete evaluation.
Good luck and prayers for the children during this very difficult ordeal. It is good they have someone like you to look out for them!See question
Wrongful death case - how are damages allocated?
Here in California all three would have a right to recover and their may be others as well. Each recipients damages are valued seperately from the others and they are entitled to all of it, so long as the defendant is able to fully provide for each loss without compromising any of them.
Wrongful death cases are particularly complex where there are multiple claimants. You should consult more thoroughly with an attorney and provide more detail about the incident which led to the passing as well as any information know about the party responsible.
I am sorry for your loss and hope this was helpful.See question