Legal Question in Insurance Law in California

i am a 20 year old male and i was in a car accident where there was a drunk 20 year old pedestrian in the road. He died and was seen running at cars in a 30 min span before i happened to hit him. His body left damages that i can not cover, and am suffering from ptsd. I cant focus on anything and its affecting my work and school. Am i able to be compensated for my car and pain and suffering? I did absolutely nothing wrong that night, yet my whole world if flipped upside down. please help me.

Asked on 10/06/13, 8:03 am

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3 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

You want to ask the parents of this young man whom you killed with your car to pay for the damage to your bumper? Are you friggin kidding me?

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Answered on 10/06/13, 10:20 am

Edward Hoffman Law Offices of Edward A. Hoffman

The man's estate is probably liable for the damage to your car. It may also be liable for your PTSD, depending on the facts. If he had insurance, the insurer might pay some or all of your claim. Depending on the specifics, third parties might also be liable.

But most 20-year-olds don't have a lot of money or insurance. It's unlikely that anyone else will be responsible. And if you try to enforce your rights, you will get a reaction very much like Mr. Tashjian's. You may come off looking very bad.

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Answered on 10/06/13, 1:27 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I mistakenly posted my prior response before it was finished. Here's the rest:

You should make a claim under both your auto and health insurance policies. They might cover some of your losses. But before you take any action against the young man's estate, you should think carefully about whether it will be worthwhile.

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Answered on 10/06/13, 1:31 pm

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