Legal Question in Personal Injury in California

Re: Automobile Personal Injury

Get a competent P.I. attorney, and stop fretting over things that are too complex for you.

You are over-matched vs. insurance company's lawyers.

Re: Automobile Personal Injury

It is possible to get punitive damages in a situation like this.

Punitive damages can be obtained for intentionally wrongful conduct. Where the conduct in question is also a crime, then the civil case will usually include punitive damages. In this case, the (2) driver appears guilty of a felony. It may be that he wasn't charged because the proof wasn't "beyond a reasonable doubt," but in civil court the standard is lower!

The problem is that insurance companies can't be made to pay punitive damages, so there needs to be an asset search done on the defendant driver personally. I work with an excellent investigator who can get that done right away. For more information, contact me at 877-LION-FOR-LAW

Re: Automobile Personal Injury

Even with the circumstances you relate, it is unlikely you would get punitive damages. There are just too many people who drive that way for it to appear to be extraordinary behavior.

You need to check how much money is available from insurance. #2's carrier will settle upon a demand for its policy limits [if it does not, then you can go to a hearing against them for failure to make a reasonsable settlement offer when they could]; you buy the bad faith claim of #2). How is the mother liable; did he have a history of drinking and speeding so she should not have allowed him to take her car [can be punitive damages}

I need to go and will finish this of later.

Re: Automobile Personal Injury

The policeman's opinions are not admissible in a Court of Law. The witnesses are only useable if you depose them or get them to appear in court, the police have discreation as to whether or not to obtain a blood test. Police cannot take a blood test at the scene, they must take the accused to a hospital for a blood test. The mother's liability is capped at $15,000 per statute unless you can prove that she negligently intrusted the vehicle to her son, by numberous priors etc. You can make a time limit policy limit demand on the insurance carrier for the policy limits and potentially "open the policy". By not settleing for the policy limits and exposing their insured to greater exposure insurance companies may be liable for what ever verdict a jury award. Sounds like the $100,000 is all you will get unless the son has a larger policy than $100,000 or has significant assets.

Re: Automobile Personal Injury

If your brother had an uninsured motorist policy greater than $100,000 he may be able to collect the difference from his own carrier.