Legal Question in Personal Injury in California

Auto Accident

I was involved in an accident in February. I turned left against a green light at an intersection that was gridlocked. Three lanes of traffic were stopped. As I turned left, an oncoming car struck my car. Both our cars were a total loss. The driver's air bag deployed, causing facial/corneal injuries. Driver is now pregnant. My insurance provides for $15,000 in personal injury. The driver has retained an attorney and intends to sue for extensive medical expenses. I own property. Need to know how to protect my property and what to do in the event that the driver does not settle for my insurance company's offer. They have not responded to my company's requests for statements, claims, etc. Need to know if I should retain an attorney at present or wait until I'm served.


Asked on 8/25/04, 11:48 pm

5 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Auto Accident--minimal policy limits

First lesson learned is to raise your liability limits to at least $100,000.00 per person. Your uninsured motorist coverage should be the same. Your ins. co. will try to settle within your policy but at this point, you might want to speak with a bankruptcy atty or one who handles debitor-creditor law. You don't need an atty to defend the PI case--your own ins will do that if you are served. In that case, get the lawsuit to your claims adjuster asap.

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Answered on 8/30/04, 5:40 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Auto Accident

You should tell you insurer to settle for policy limits if possible. If they do not and if the plaintiff is willing to accept policy limit in settlement the insurance company will be on the hook for liability beyond the $15,000. Otherwise, get your own lawyer to protect your interests. When you have "property" and only insure for $15,000 you place you and your assets in this type of jeopardy. Anything you would do to "protect your assets" would now be a fraud on creditors and subject to being reversed by a court.

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Answered on 9/03/04, 12:38 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Auto Accident

You should at least consult with some attorneys now, though you won't actually need to retain one until you have been served. This way you will have some idea what you can do to protect yourself and will have an idea who to retain when the time comes.

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Answered on 8/30/04, 4:00 pm
Terry A. Nelson Nelson & Lawless

Re: Auto Accident

Other than filing a Homestead Exemption on the home you own, there is little you can legally do unless you want to sell your property and spend your money. If they get a judgment against you, they can collect against your owned property, wages, bank accounts, etc. That is the purpose of a judgment. Your insurance company is obligated to defend you and pay the policy limits, if justified, attempting to avoid trial and judgment against you for more than those policy limits.

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Answered on 8/30/04, 4:20 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Auto Accident

With such facts as you stated, you should retain counsel immediately.

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Answered on 8/30/04, 4:31 pm


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