QUESTION
I was involved in an accident for turning left at an intersection with no left turn arrow light. The other party expenses is over my policy limit.
Asked on Sep 10th, 2013 on Automobile Accidents - California
More details to this question:
This dates back to February of 2013, and I did not seek consultation then. The other party did not wear a seatbelt and hit the light pole after the collision. I was not personally injured, just minor impact on the car bumper. However, I was told that the other party injured his face and needed surgery there, now his medical bills are over $90k. My policy only covers 50k and told me to seek settlement with him or else he might sue my sister and I. My sister is the policy holder and I truly do not want the accident to affect her. My insurance now wants my sister to sign a letter that basically said it is her responsibility for the amount beyond the policy limit. Should I have her sign it? What are our choices in resolving this issue? We do not have the money to take care of his medical expenses.. Even if we settle, how much would we pay? Do my sister have to declare bankruptcy because of me? Can she stay out of it? Thank you in advance for your valuable time.
1 ANSWER
Accidents Attorney serving Novato, CA
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Law Office of Codi M. Dada Attorney at Law
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A good defense attorney will challenge the amount of the damages. What I would do is argue that because the other driver was not wearing his seat belt he has contributed to his own injury. Under per se negligence the statute of wearing a seat belt can be used to show that the other party was negligent. If this is determined then the court under California's comparative fault, will determine the percentage amount of damages that can be attributed to the other parties negligence. This will reduce the amount of damages that you and your insurance company will be liable for. I can explain this in more detail if you like.
The bottom line is this. If you can show that because of not wearing the seat belt the other driver caused 50% of his own injury; because he would have other wise been able to avoid the telephone pole; then you and your insurance company will only be liable for 50% of his medical bills and other expenses. This could possibly lower the amount and bring it within your insurance policy limits.
If you were to pay a lawyer to challenge this for you it will most likely cost around 20,000 or more. I'm not sure if you could recover your lawyer fees if you were to win the case. However, I can look into this for you.
I invite you to contact me.
dadalaw@comcast.net
Codi M. Dada, Attorney at Law
Novato Ca.
Answered on Sep 10th, 2013 at 9:28 PM