Legal Question in Personal Injury in California

Calif. Law/code defining driver's ability to pay damages

Can you please tell me the name of the law or code which mandates a driver's ability to pay damages he's caused?

It is my understanding a driver must carry $15,000 liability insurance coverage.

But, that if a diriver causes damages over that, he is required to have the funds to pay.

Am I correct????

Also, that he is required to pay damtges in a timely fashion, so as not to add further damages.

What laws or codes address these?

Asked on 12/15/08, 6:05 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Calif. Law/code defining driver's ability to pay damages

Thank you for your question. The state of California requires minimum coverage for operating a motor vehicle. If a judgment is obtained for above any policy limits, the policy holder could be personally liable. There is no requirement to "pay damages in a timely fashion", although the court allows a judgment to be collected in a variety of ways. There is also generally a two year statute of limitations to bring a claim for personal injury damages.

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Answered on 12/16/08, 3:13 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Calif. Law/code defining driver's ability to pay damages

You are incorrect. California law only requires a driver to carry $15,000 liability insurance, per injury, per occurrence, not anything more. The law does not force or require driver's to hold any additional funds. If it did, almost everyone would be driving illegally. If you sue someone and he does not have enough insurance coverage to pay your damages, then you have to make the hard decision as to whether take the money you can, or to proceed further by obtaining a judgment which may be uncollectable.

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Answered on 12/16/08, 9:47 pm

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