Legal Question in Personal Injury in California

Hello,

My son was in an auto accident, where he moved his car on a

residential street to avoid another vehicle making a rolling stop

into his lane of driving. Unfortunately, my son ended up hitting

two pedestrians about to get into their car, seriously injuring

them. Our auto insurance company has already stated that they

will "wash their hands" of any liability over the set amount in

the policy.

1) How can I find an honest & trustworthy defense attorney for

any suit filed, and

2) Is it possible to protect my assets (home, personal property,

college plans, and/or retirement/pension plans), since my son was

driving a car which was registered in my name?

What else should I be concerned about?

I would really appreciate any help in this matter.

Mike


Asked on 1/01/14, 2:40 am

3 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

It is an unfortunate situation and more facts are needed to properly analyze your liability, etc. There are many excellent attorneys who can help you with this. Defending these types of cases will cost money, of course. You can find an excellent attorney for approx. $300.00 per hour plus costs of court. Retirement/pension plans are protected from judgments - some of your personal property is as well. It is unclear why the insurance company does not want to help and your policy will need to be analyzed by an attorney along with any correspondence denying the claim. Also, the age of your son, whether he has any info about the driver of the car which was heading towards him, the severity of the injuries, medical costs, lost wages, etc., etc.

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Answered on 1/01/14, 11:53 am
Armen Tashjian Law Offices of Armen M. Tashjian

You don't need to pay a lawyer to represent you in this matter. Your insurance company must provide you one at no cost. If your insurance company pays the policy limits then it will also secure a full release. Otherwise there will not be any settlement. Now, if you want to hire a lawyer on the side to look after your interest if you are concerned about insurance company's lawyer that's a different story. Your insurance company cannot simply wash its hands, turn over the policy and let you fend for yourself. It doesn't work that way.

Good luck and happy new year.

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Answered on 1/01/14, 1:06 pm
Anthony Roach Law Office of Anthony A. Roach

1) You are entitled to a lawyer hired by your insurance company if you are sued. If you do not get along with that lawyer, you are always free to contact a local bar referral service to locate one to assist you. In my experience, this is not necessary.

2) If you allowed your son to drive a car that was registered to you, and he was in an accident, you are vicariously liable as the owner of the car. The amount of your liability, however, would be limited to the amount of your insurance unless the plaintiff could prove that some other doctrine of vicarious responsibility applied. " The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by this chapter and not arising through the relationship of principal and agent or master and servant is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person in any one accident and is limited to the amount of five thousand dollars ($5,000) for damage to property of others in any one accident." (Veh. Code, sect. 17151, subd. (a).)

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Answered on 1/02/14, 1:56 pm


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