Legal Question in Personal Injury in California

car accident

I was in a 4 car accident approx. 3 weeks ago. I was waiting in a left turn only lane where 2 lanes are turning on a green arrow. I was in the outside turning lane. When we were given the green arrow, the first 3 cars proceeded with their turns. The car in front of me (Montero) only pulled forward to the crosswalk & did not complete the turn even though it was still a green light. I stopped approx 2 ft behind him, honking my horn for him to proceed thru the intersection. 2 cars behind (an Explorer) me didn�t realize the cars had stopped & rear-ended the Honda Civic behind me. This caused a chain reaction where the Civic hit my 4Runner & I hit the Montero. The Explorer�s insurance is taking 90% of the claim. The other 10% should be from the Montero. When I called the insurance carrier given by Montero, I was informed he is only covered for Comp & Collision. Until the costs for the other 10% is resolved, I cannot get the damage to my vehicle fixed by the Explorer. I have volunteered to that insurance co. to pay the 10% but they will not allow that, it has to be thru an insurance co. How do I find out if the Montero has liability insurance? And should I put the claim through my Uninsured policy on my insurance?

Asked on 3/20/03, 12:25 pm

4 Answers from Attorneys

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

Re: car accident

Thank you for your posting.

You need to file an uninsured motorists claim, and that can be done through your policy, if the other party does not have insurance. As some other attorneys have mentioned to you, it sounds as though you have received bad advice, and I strongly suggest you at least take advantage of a free consultation and sit down with an attorney regarding your matter.

I hope that this helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 3/20/03, 9:12 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: car accident

I don't think it's possible for a person to carry collision and comprehensive insurance without liability insurance. Unless the vehicle was supposed to be in storage, I can't imagine what they've told you is true.

Your case is somewhat complex. I suggest you consult with an attorney about taking the case.

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Answered on 3/20/03, 2:20 pm
Omar Habbas Law Offices of Habbas, Amendola & Nasseri

Re: car accident

The representation that you have have to put the other 10% through an insurer is simply incorrect. As long as the carrier does not have to foot the pay for the entire 100% of the damage, it is irrelevant as to who picks up the remaining 10%. You have two options: You can pay the 10%, or you can submnit the claim under your UMPD.

If you wish, please call our office at 1-800-336-7878 and I will provide you with more detail. There is no obligation, pressure or cost involved.

I look forward to hearing from you.

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Answered on 3/20/03, 2:20 pm

Re: car accident

FIRST--that 10% does NOT have to go through an ins. co.

SECOND--Call the Montero driver direct and ask him if he has liability ins.

THIRD--You can use your own collision coverage for your vehicle and just pay your deductible.

If you were injured and are in Orange County, I will be glad to give you a free consultation. I have had alot of experience in dealing with multi-car accidents. Sam Eagle 714-963-5123

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Answered on 3/20/03, 4:30 pm

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