Legal Question in Personal Injury in California

car accident - i am defendant

plaintiff was travelling on freeway (65mph limit)

grassfire was along side of freeway

i was travelling behind defendant in fast lane

plaintiff slowed down to 40mph (rubbernecking- speed reported by plaintiff on police report)

i was travelling around 55mph, changing lines from fast to slow lane to prepare for my exit, looking over my shoulder for clear lane change.

plaintiff slowed down as i changed lanes, i glanced off left rear leftquarter panel as i tried to swing back into the fast lane and avoid the plaintiff and ended at stop in the fast lane alongside the plaintiff car.

was not the plaintiff's car. registered owner has insurance.

plaintiff had three in car. woman passenger insisted on ambulance -

walked to stretcher. all three have now filed injury claims.

plaintiff drove away. my car totaled by insurance comp.

no accidents for decades, no claims for decades.

my question:

should i release the limits of my insurance coverage as the plaintiff's attorney

has requested? my insurance comp says no, but i question who that benefits?

i suspect attorney has already nexus-searched me and knows what

limits i probably have based on my status in life and i dont need additional

headaches of litigation due to the fact i work for a living, have some assets,

and my own liabilities.

thank you


Asked on 9/30/13, 10:38 am

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1 Answer from Attorneys

Joel Selik

You are correct. The adverse attorney can easily discovery your general assets and will seek compensation for his client based, not just on insurance, but your financial status.

You will want to make sure that your insurance company settles with the Plaintiffs within your policy limits.


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Answered on 9/30/13, 10:57 am

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