Legal Question in Insurance Law in California

Re: Auto Insurance Company Obligations

Your daughter(and possible the unborn

child) suffered injuries and property/

economic damages from this accident. She may choose

which of the other two drivers she wishes to pursue

for those damages, or she can go after both of them

at the same time. The California Claims Regulations

prohibit an insurer from "blaming" another

insurer, but do not confuse this with one defendant

"blaming" another one and having each insurer

follow this lead.

Her own company has no property

damage obligations since your daughter apparently has

no physical damage coverages. If she does not own her

car outright, you should ask her if her lender has

property damage coverage, or if she carries physical damage coverage under another policy separate

from her liability one.

Your daughter may also have medical payments coverage,

along with the liability coverage. This would pay

for any medical bills (including emotional distress)

for your daughter and possibly those connected

with any pregnancy complications. I would definitely have

her doctor check on the baby.

Your daughter should immediately make a property

damage and loss of use claim (rental car expenses,

etc.) as well as an injury claim, with both insurers for the two defendants.

You can locate all insurers who are admitted in

Calif. by checking with the Dept. of Ins. in LA or

in San Francisco or Sacramento.

Re: Auto Insurance Company Obligations

Mr. Murray was kind enough to give you a very complete

answer regarding your daughter's rights. However,

considering she is going to have a baby in a month I doubt

she is any condition to deal with a situation as

stressful as this. I strongly recommend that she contact

an attorney to handle this matter for her. Someone

needs to look out for her best interests and handle

her case for her. Handling a personal injury case

is hard enough when you are in perfect health let alone

pregnant. She needs to concentrate on her baby's health and

her own. I have handled personal injury claims

for over a decade. I have two babies of my own so I

know what it is like. My office is located in San Luis Obispo,

but I work throughout the State with satellite offices

in San Ramon and Fresno. I am in the process of reconnecting

my 800 number so she would not have to worry about

long distance charges. I can be reached at (805) 546-9918

or you may email me at [email protected] and I would

be happy to discuss the case with you free of charge.

Please tell her not to talk to any insurance companies until

she has consulted an attorney, it will only cause

undue stress and it may delay settlement. If you don't call me

please call someone she should not do this alone!!! I look

forward to your call. Sincerely, Jessica Hayes (Mr. Hayes' wife)