Legal Question in Personal Injury in California

Re: Rear Ended with kids, totalled car and injuries

Yours is a common problem in California where the state mandated limits of liability insurance is only 15000 per person to a maximum of $30000. While the other driver is responsible for your total loss, it is oftenimpractical to try to recover more. Unless the other party has substantial assets, you face the difficulty of the judgment collection process and the possibility of the other driver's filing bankruptcy. You may have other avenues available to you, however. The first is your own health insurance and automobile medical payment coverages. You can then look to your own underinsured motorist coverage if you have it. A last source may be with the state of California through the victim of violent crimes fund. Forms for this can usually be obtained at the local police station.

good luck.

Re: Rear Ended with kids, totalled car and injuries

Not thoroughly covered in prior responses, is that two years is longer than the Statute of Limitations for personal injury for you. Minors can bring their legal actions for a year after turning 18, so they may be able to sue, but it sounds like you are too late to do so for your injuries. Contact an attorney immediately to discuss the facts, to see if there is any way you can bring legal action now. Contact me if interested.

Re: Rear Ended with kids, totalled car and injuries

I've reviewed the other answers and you've received sound advice and info from them, for the most part. I've handled this type of case and would like to speak with you at no charge, to discuss your rights.

Thanks

Charley Rossman

562 267 7777

Re: Rear Ended with kids, totalled car and injuries

Yes. But you can't get blood from a stone. Your attorney needs to look into the assets and income of the other driver and whether there is a viable basis to hold another liable like an employer. You may also have underinsured coverage which will be of assistance too.

Re: Rear Ended with kids, totalled car and injuries

The other driver is responsible for all of your damages, including medical expenses, property damage and pain and suffering (though you can only get this last element if you had insirance at the time of the accident). His insurance is only responsible for an amount up to his policy limits, so if he only purchased a $15,000 policy then that is all the insurer will pay. You can sue him for the difference, but if he has no assets you won't get any money from him, and it will be very difficult to get an attorney to take the case.

Your own insurance may be helpful here. Have you made a claim? If you haven't, do so immediately. The insurer may deny your claim because you waited so long, but you may be able to overcome such a response.

Re: Rear Ended with kids, totalled car and injuries

There are several things to look at. First, does the responsible party have any assets that are worth pursuing. Next, you need to look at your own policy of insurance and see if you have uninsured (underinsured) motorist coverage. If so, you can make a claim under this part of your policy once you settle your case for the policy limits of the other party's insurance. Your UM coverage is reduced by the amount you get from the other party, so your UM coverage needs to be more than their liability coverage to get anything. You can also make a claim under your own medical payments coverage if you have any.