Legal Question in Insurance Law in California

Bodily Harm Claim

not sure on the area of law its either insurance law, or bodily harm..my fiance and i pulled over and parked on a main st in los angeles, so she could prop up a pillow on her daughters head who just had surgery, closed the door and went to get back into the car which belongs to her daughter...well she didnt make it back into the car, she had both feet on the sidewalk and was bending in to sit down when the car was hit by a driver who evidently fell asleep at the wheel...he only had liabiliity ins..my fiance was definitely a pedestrian because she was not inside the car..and both feet were on the ground...is there a way that her daughters insurance which is full coverage could pay her something without hurting her daughters insurance rate? its like a car hitting a pedestrian yet the car itself was hit by another car...the car who hit us has a lien on it, a 2003 mercedes s500, so why didnt he have full coverage, arent car dealers supposed to be sure that the client has this? who does my fiance seek financial aid from for her fractured rib, and calapsed lung she experienced horrible facial bumps and bruising, black eyes as she was thrown into the door and then to the sidewalk head first...the police were told she ws not in car..


Asked on 1/23/08, 1:40 am

3 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Bodily Harm Claim

The defendant driver who fell asleep has liability coverage, you say, so that is the source of your financee's recovery. That driver probably also has med pay coverage, as does her daughter's policy. These should be reviewed for possible coverage, as should your fiancee's own auto policy.

If the defendant has low limits, then possibly an underinsured motorist claim. Your fiancee should discuss these matters with an experienced attorney.

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Answered on 4/04/08, 5:28 pm
Lowell Houghton Law Offices of Hagop Chopurian

Re: Bodily Harm Claim

The car owner is primarily responsible for insuring a vehicle. Get the police report and make a claim against the drivers policy. If there is no liability coverage on the MBZ you can make a uninsured motorist claim against the policy for the car you were in. If that can has no uninsured motorist policy, or a low limit uninsured motorist policy, you can make an uninsured motorist/underinsured motorist claim against your own policy. Hire an attorney. Give me a call!

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Answered on 4/04/08, 5:28 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Bodily Harm Claim

We can order the police report if there is one and go after the insurance carrier of the car that caused the accident. If you don't have the insurance information, most likely the police report would have that information. The important thing is if your fiance is hurt she needs to continue her treatment until doctor releases her.Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 4/04/08, 6:40 pm


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