Legal Question in Personal Injury in California
hi
my brother was in a car accident on sep. 9 , and he is now disabled , a amputee and quite possibly a paralyzed , i just want to know his rights as a passenger , the insurance company said all my brother is going to get is 100,000 dollars because thats all the insurance covers , the driver of the car was at fault , but what about compensation for what he has gone though, and how its going to affect the rest of his life , should i further the case or what should we do , should we get another lawyer?
3 Answers from Attorneys
Re: hi
I previously answered this question, and I also agree with my colleagues here.
Re: hi
If the driver has no assetts, no other policy and if your uninsured motorist policy limits do not exceed $100,000, that may be all you can get. You can't get blood from a turnip.
Re: hi
We are all sorry about your brother's injuries and the pain it has caused you and your family, but Mr. Houghton is correct. What your brother can at most collect is the limits of the driver's insurance policy, his own under-insured policy limits if it covers him when he is not driving in a car that he does not own, state Disability benefits, perhaps some social security benefits.
You did not tell us anything about the accident. Is it possible there was something wrong with the roadway causing the accident, was he in the course and scope his employment so entitled to Workers' Compensation benefits, was it not the other driver's vehicle and the owner of the car let him take it although he knew he was such a bad driver as to allow for a claim for negligent entrustment,etc.
Check with the attorney you have if the driver has any assets.
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