Legal Question in Insurance Law in California

Auto Liability Insurance

My father died on the spot from auto accident 3 years ago and expenses incurred are now this time being sent to me for payments Both Private,Hospital and County Coroners .His automobile was totalled by his insurance paid as such. I inquired regarding his Liability Insurance 1 day after he died and Insurance adjuster told me he is not Eligible for it, since he was at fault.My 1st question is does it matter whose fault since he can't talk anymore to defend himself? 2nd question,is libilty insurance optional for fault/non-fault.3rd can we remove Liability since realistically now known to be worth more than nonesense it don't do you no good during time of need? 4rth Can I still sue for my dad's Liability insurance claim and represent him since Mom is now 88 years old and barely sane due to age?5th Police report say my dad is at fault.Legally, are they higher than a judge or a jury to say such or their report are just their personal description and understanding of the event?.


Asked on 10/09/05, 11:22 pm

2 Answers from Attorneys
Steven Wickman Wickman & Wickman

Re: Auto Liability Insurance

I am sorry to hear about your loss. Did your father's policy contain a med-pay provision? This type of coverage would cover your dad's medical bills regardless of who was at fault. Liability coverage would only pay the other person's bills. No, you can't get rid of liability coverage because it is required under the law (minimum of 15/30/5) - if you operate a motor vehicle. Lastly, the statute of limitations for personal injury in California is normally 2 years (with some limited exceptions). The time to file a lawsuit may have already passed, but without knowing all the facts I cannot tell you for sure. I would be happy to take a look at your case.

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Answered on 10/18/05, 1:07 am
Steven Murray Steven W. Murray, APC

Re: Auto Liability Insurance

If your father was at fault - and I say if since nobody representing your side has independently said so - any medical bills owing for the other parties are paid for by his liability coverage. Since he died in the accident, the bills are for the other parties, aren't they?

You really need to take the papers and see a personal injury lawyer, and good ones will know something about insurance.

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Answered on 10/17/05, 4:51 pm


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