Legal Question in Personal Injury in California

Re: Non Neglagent Party

Prop 51 means that the general damages (pain and suffering) may be apportioned between mulitple defendants. But one responsible may still be responsible for all the special damages (regular bills, etc.). Prop 51 helps defendants--it doesn't really help claimants. If you have injuries and are in the Orange County area, call me for a free consultation. Sam Eagle 714-963-5123.

Re: Non Neglagent Party

Prop 51 (passed in 86, I believe) has been codified in Civil Code 1431.2

Re: Non Neglagent Party

Prop 51 is not the problem, his underinsurance is. You still need to present your claim, settle or sue, but may be faced with only partial recovery shared by others in the accident. Your own uninsured coverage needs to be sought. Contact me if interested in pursuing getting paid.

Re: Non Neglagent Party

Thank you for your inquiry.

You can get information about Proposition 51 from the voter's website at http://www.smartvoter.org/2002/11/05/ca/state/prop/51/

However, as Mr. Nelson indicated, I don't believe that Proposition 51 will help you here. For one thing, Proposition 51 is silent on recovery above insurance amounts. For another thing, the insurance company has no duty to pay above their coverage amounts.

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