Legal Question in Personal Injury in California
I was broadsided in my car by a motorcyclist who threw himself on my window to avoid more serious accident, got up, brushed himself off, and said he was ok. He also eluded to the fact that he had a previous accident with a back injury. He refused help at the scene. He was cocky, joking, and acted like evil knievel. Meanwhile, I have had nothing but post traumatic stress nightmares from him landing on my window. He was driving on a suspended license and has admitted to morphine and marijuana use. He is suing me now for probably more than what my insurance is going to pay out and I am really worried he will be coming after my own personal assets. What can I do? we were at an intersection where we both literally could not see one another, but he was in a hurry and tried to pass a big truck hiding him from my view on the right........late for an appt. THANKS
2 Answers from Attorneys
Your insurance carrier should be providing you with an attorney. They are YOUR attorney and you should direct your questions to them.
You are probably needlessly worrying. as Mr. McCormick points out, your insurance company will provide an attorney. They also will defend you no matter what the demand from the plaintiff is and they have a duty to try to settle the case within your insurance policy limits. As a practical matter, the vast majority of cases are in fat settled for no more than the policy limits, no matter how serious the damages to the plaintiff. If it appears that there is a conflict between your interests and that of the insurance carrier, you can demand a Cumis counsel of them, who is an attorney of your selection paid by them to independently represent you.
The brief facts you state indicate that there may be no negligence on your part and certainly comparative negligence on his behalf. If he was on drugs, driving a motorcycle without a valid license, in a hurry -- a jury is not going to react very favorably to him, and his attorney will know that. The case will likely settle for a relatively small amount.
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