Legal Question in Civil Litigation in California
my daughter was involved in a car accident. The pesdestrian (a construction worker who was working at the time) was injured quite severely. The worker walked into the middle of the road without looking. We have coverage of $100,000.00. The car is under my wife's name. So far workers' comp has been paying his medical bills. How likely that we will be sued personally by the construction worker or workers' comp?
3 Answers from Attorneys
Unless your insurance carrier moves quickly to select, it is most likely that you will be sued. If the injury was quite severe, I presume the medical bills will exceed your policy limits. add at least $50,000 in wages, perhaps another $100,000 in pain and suffering, if he can show your daughter is more than 30% at fault, he will collect some civil insurance money. I also assume that your daughter is a teenager who twiters and what not so some jurors will assume some fault on her part. If you have any assets aside from the insurance policy and car, you want to try to protect them; if you basicially have little or nothing, after speaking to your insurance carrier about your economic situation, you may want to infrom the pedestrian and give him proof of that so that he may realize it is pointless to sue your wife and daughter.
Actually you could be sued by either the worker, or the employer of the worker, or both.
It is a certainty the driver and registered owner[s] will be sued, as well as the 'parents/responsible parties' allowing the use by a juvenile driver. Make sure you discuss in detail with insurance company provided attorney what your financial circumstances are. He may be able to 'settle you out' for policy limits.