Legal Question in Personal Injury in California

My cousin was involved in a highway accident pileup that involves multiple defendants. He was injured in the accident and obtained legal counsel. His attorney recently informed him that a couple of the "minor" defendants were unable to be served and that my cousin can only expect $2,000 from those two defendants. My question is this: If the two defendants in weren't served, how is it that there is any monetary compensation at all? Does this make sense? Wanted to get a 2nd opinion...Thank You!


Asked on 7/15/23, 3:43 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If your cousin wants answers or advice, and is not happy with what his current attorney is saying, then he needs to consult with new counsel for a second opinion. That the version of the story you may have been told parts of by him makes 'so sense' should tell you to advise him to seek that 2nd opinion, which will have to be made after disclosure and discussion of ALL the case facts and evidence. That is not something anyone here is able to do online for anyone. He can seek that consultation with an attorney he finds here on this panel, or elsewhere.

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Answered on 7/16/23, 2:38 pm

I agree with Terry he should get a second opinion. However, as an insurance defense attorney, I may be able to illuminate things. It is possible your cousin obtained insurance information from those two drivers. If their registration information was out of date but their insurance was current, your cousin's attorney may have made claim to the insurance carriers. If so, the attorney may have contacted the insurance company(ies}. At least at my company, claims would have said, have you sued? Answer: Yes. Question: "Have you served our insured?" A: No. Q: "Do you have proof our insured was at fault and proof of damages. A: "No." Ins Co: "Well we'll open a claim file, but we need proof of fault and loss, or serve our insured." (tries to serve, tries, tries, claims sends letter every 30 days saying "waiting on you." Eventually your cousin's attorney says "I cant find your insured; will you just put up $2,000 to get your insured out and you can close your file?" A: I'll take it to my manager.

Just speculating, but that is common. Though we would never put up the $2,000 without any proof of fault and damages, but some companies do in order to close claim files.

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Answered on 7/18/23, 10:14 am


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