California  |  Civil Litigation

Legal Question

Asked on: 9/09/13, 11:43 am

I was driving my brother's car and involved in a car accident, and it was the other person's fault.

My brother's car was insured , with only his name on the policy and not my name.

The other driver that crashed onto me admitted to be at fault at the site of the accident, but days later lied, change the story, and blamed me for the accident.

That other driver yelled at my brother on the phone and left my brother nervous.

Their insurance adjuster also sent a letter lying that they have witnesses to back up their story (which is a false story)

Now, my brother is paying for the other driver's auto-wreck damage (undriveable 2012 Toyota), out of his own pocket (almost $9,000), cause his insurance didnt have me covered.

If my brother sues the other driver & that driver's Auto insurance company, to get his money back, what cause of action(s) can he use?

a.)restitution (with 10% interest)?

b.) Unfair Business Practice?

c.) Extortion?

d.) Intentional Infliction of emotional distress?

c.) Property(vehicle) Damage

and can he seek Punitive & Treble damages (because the other driver was yelling on the phone, which is threating (to a small degree) to force my brother to pay for the damage, of which that other driver is responsible for)

and are Attorney's fees recoverable?

can any of you attorneys take this case (Orange County Superior Court, CA ), for early settlement, limited representation, and/or unlimited jurisdiction?

Thank You,

E Garcia

PO Box 4285

Garden Grove, CA 92842


1 Answer

Answered on: 9/09/13, 12:30 pm by Timothy McCormick

The simple answer to your very complex question is that your brother can never sue the other driver's insurance company, period. The law is absolutely clear that you never have a claim against the other party's insurance company. You have your insurance, they have theirs, and each insurance company only owes any legal obligation to their own policy holder.

Your brother is also making a HUGE mistake not demanding that HIS insurance deal with this. With very few exceptions, EVERYONE driving an insured car with the owners' permission is insured under the owner's insurance. Unless there are a lot of unusual facts that you have not put in your question, there is no excuse for your brother's insurance company not taking care of this matter.

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