Legal Question in Insurance Law in California

Property Damage, Multi-Car Accident

My vehicle was the last vehicle hit in a multi-car accident. The vehicle that caused the accident was under insured. I was vehicle #3(V3); vehicle #2(V2) was shoved into V3 by V1, which was primarily responsible for causing the accident. However, my property damages were in excess of 4K. V1's insurer told me they could only pay me $2061. In addition, V2 would get the difference of V1's 5K-property damage coverage. I do not underinsured collision coverage on V3. I checked with a JAG attorney who told me that I could file a claim against V2, because if V2 was not following V3 so closely V2 would not have made contact with V3.I called V2's insurer to file a claim for the excess coverage needed to repair V3, but V2's claims representative told me that they were denying my claim. I know that I can file a lawsuit in small claims court against the owner of V1 for the excess amount that V1's insurer won't pay me to have my damages fully restored, but before I file an action against V1's owner, should I in the same lawsuit also file against the owner. Fact is V2 is the one that damaged my V3. The police report states that the driver of V1 is the only one cited for the accident. Can V2's insurer outright deny my claim. Please help. Thanx.


Asked on 10/28/06, 12:59 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Property Damage, Multi-Car Accident

To paraphrase an old Marine Corps saying, sue everybody and let the judge sort it out.

Read more
Answered on 11/02/06, 10:01 pm
Phillip Cooke Law offices of Phillip A. cooke

Re: Property Damage, Multi-Car Accident

You should investigate the facts and only sue people that were careless or were responsible for the carelessness, such as the owner of a permissably used car. If you bring suit and the insurance company does not pay the full judgment, you can execute against the assets of the driver and owner. If driver number 2 was careless, such driver is responsible for economic damages regardless of the % of fault.

If you carry your own collision coverage or underinsured motorist coverage you can make claim against your own insurance company and give them the right to sue the defendant.

Read more
Answered on 11/03/06, 11:48 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Property Damage, Multi-Car Accident

A few ideas. First, how does anyone know that V2 was following too close? For example, if you are all stopped (and you dont tell us that), then maybe V2 was in the right spot, but was hit hard enough to be pushed into you. A few more facts would help.

Second, V1's insurer will not pay you ANY money until you sign a release. Once you sign a release, you will not be able to sue the driver or owner of V1. Therefore, if you think your damages exceed the offer, file your lawsuit and do not sign any papers.

Third, this is a time to use your collision coverage, if you have it. V1 probably has little if any assets and collecting anything about the insurance company money may be next to impossible. If you have collision coverage, use it.

Read more
Answered on 11/03/06, 2:43 pm


Related Questions & Answers

More Insurance Law questions and answers in California