Legal Question in Insurance Law in California

Re: What are passengers rights in an auto accident

Your husband is covered by Farmers. In the car he was in, they may avoid insurance because of suspension but there may be ways around that.

JOEL SELIK

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Re: What are passengers rights in an auto accident

The insurance for the driver of the car in which your husband was riding is probably still effective and should cover your husband. The insurance for the other driver certainly will do so. However, I think your husband needs some consultation, at a minimum, and legal representation possibly for this situation. He should not either settle or try to negotiate any settlement without cotacting an experienced trial attorney. Barry Snyder www.snyderlaw.com

Re: What are passengers rights in an auto accident

I agree with Mr. Snyder's answer. I also agree with Mr. Selik, though his wording is imprecise; he says that your husband is also "covered" by Farmers, but in reality it is the other driver who is covered. What Farmers covers is the other driver's liability, so the net result is the same. I just want to clarify this point for the benefit of readers who might find Mr. Selik's answer confusing.

Please keep in mind that insurance policies have limits and that the insurer will never pay a third party even a penny more than the policy limits require. It sounds like your husband's claim will be quite large, and I imagine that the same may be true of his driver. Their combined claims thus may exceed the available policy limits, which will mean either that your husband will have to settle for less than the value of his claim or that he will have to sue the other driver personally in order to recover the shortfall. Depending upon how much your husband can get from the insurers, how wealthy the other driver is and whether he seeks bankruptcy protection, your husband may not be able to recover anything from the driver personally.