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Been stuck in a multi car pile up accident and deemed to be associated fault

San Diego, CA |

My car was involved in a pile up involving 6 cars. My was the 6th car (last car). It happened like the 2nd car hit the 1 st car and 3rd car hit the 2nd car. 4th car stopped and 5th car hit the 4th and we rear ended the 5 th car. Police has declared the 3rd car to be fully responsible and 5th and my car to be associated cause. My insurance had paid fully for damages in my car. Now there was a lady who was injured in the 5th car who got severly hurt during the accident. She was not wearing a seat belt (as i helped her to sit in her seat) and she has been admitted in ICU for a long time. MY coverage is minimum (15k/30k). My insurance agent from progressive called saying it is not going to be enough to cover her and if i have any umbrella to cover it up. I said no i dont have it and explained

that 1. she was not wearing seat belt , 2, Her air bag was deployed before we hit the car 3. her trunk was not damaged much from my rear end (i have picture) and also my maximum damage wast to left side of car and she was right side (left side passenger was good. 4. My car went under their a bit instant of a direct crash After hearing this my insurance agent said 'oh then, 99% of the coverage should be covered by others and you might have to pay 1% which should be payable by my coverage".My insurance and theirs are the same. Thing is I am trying to get hold of my insurance agent to get the status but they are not responding to me at all. I dont know if i have to hire an attorney already and proceed with the case. I am Indian and working here on H1B work visa. Dont have any real asset in USA apart from biweekly salary which i pay out to my loans in india.

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Attorney answers 5


Let your insurer work it out. Maybe they can settle for policy limits if you have low assets.

Robert Andrew Michael Burns

Robert Andrew Michael Burns


Just be mindful of the conflict of interest on the part of the insurer.


You can certainly retain local independent counsel to protect your interests as well.


Report to your insurance company and consider hiring counsel.


Tell your ins co to offer the full limits of your policy to anyone making claims against you and to get releases. Otherwise they have to defend you. You are jointly and severally liable for economic damages, and only liable for your share of the general damages.


The nonuse of the seatbelt has important bearing on damages but there are many other considerations. I presume that you have substantial fault, as in my experience that many cars piling up in front of you before you joined the melee indicates that you were probably following too close.

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