Legal Question in Personal Injury in California

Hi,

I was involved in an auto accident (in California); the other person ran the red light. I wasn�t hurt but the three passengers in my vehicle had minor injuries (Their injuries were about the same) and the driver of the other car was fine. The three that were injurer have a lawyer (the same lawyer). I think there�s something shady about the lawyer they have. He filed their claim individually for the same accident to the at fault party insurance company. Two of them have received a check and the other one he says he still working on. My question is, is it normal procedure for a lawyer to file the claim individually for a multi-person minor injuries auto accident and what is the normal claim procedure for a lawyer in a multi-person minor injuries auto accident?

Thank you,


Asked on 10/25/09, 1:02 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

Your question is not clear what you mean by filing individual claims. Typically all the claimants would be included in one claim with the insurance company. It is unclear if the insurance company has different claim files, but that would be doubtful. It is acceptable to settle certain individuals and leave the other more ocmplicated claims to be resolved when the documentation and injuries have been further clarified.

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Answered on 10/30/09, 3:20 pm
Brian Dinday Law Offices of Brian R. Dinday

Assuming that the policy limits are sufficient to cover all three claims, I see nothing wrong in what you have described. If the limits were nearly exhausted by the first two settlements, then there is a possible conflict of interest, of which the three clients should have been advised and waived the conflict in writing. I see no reason to assign three different claim numbers to the same accident, but then I see no harm in it either.

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Answered on 10/30/09, 5:39 pm


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