Legal Question in Insurance Law in California

I recently got into a car accident. A truck was driving and lost a large recliner chair on the middle of the freeway. The chair came flying back into traffic so the car in front of me stopped. I stopped too but it happened too fast and my car smashed into the back of hers. Immediately I call 911 and chp. My insurance company is telling me that I was not covered during the time of the accident. I'm a student, and this is very hard for me. I want to know where I should go from here. Do I have a right to sue the person who lost the chair because it's his fault that the accident occurred? I just want some legal advice on what i should do. Thank You


Asked on 10/07/09, 9:53 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Yes. If the recliner is what precipitated the accident, then you can go file suit against the now-chairless driver. It might be said that you had comparative fault, however, for not maintaining a safe distance behind the car in front of you to permit you to stop without incident. Of course, in reality, freeway driving often doesn't allow a person to maintain a safe distance.

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Answered on 10/07/09, 2:51 pm


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