Legal Question in Personal Injury in California

Assuming the Driver was at fault, there is a case against the driver (possibly against the lender of the vehicle also)

I'm very sorry to hear about your brother. I agree with Mr. Selik that first an attorney must look at who was at fault. There probably would be a case against the driver and the lender of the vehicle. If the lender had insurance coverage, then that insurance might pay for at least a portion of your brother's medical bills. Your brother's own policy probably has a medical pay provision that could be used at least to cover a tiny part of the medical bills.

I'm so sorry to hear about what happened to your brother. I agree with Mr. Selik that the other driver is liable if he is at fault (His fault may seem obvious, but it's possible that he is not to blame. Even drunk people are sometimes involved in accidents that are someone else's fault.), and that whoever lent him the car might be liable as well. There might be other viable defendants, depending upon the facts. But your question asks whether "we" have a case, and I'm afraid the answer is that you don't but that your brother does.

If your brother does not regain consciousness, he will need a conservator. The conservator will be able to file a suit in his name and for his benefit. If your brother should die of his injuries, the executor of his estate will be able to sue. Perhaps you will be appointed to one of these positions. You would only be able to sue in your own name if you were involved in the accident or witnessed it.

Hello.

This sounds like a terrible situation. The rental policy likely applies to both the driver and the renter. Depending upon how large that policy is and whether the person who is jail now has any assets - it might be worth looking to in pursuing, but more facts are need to determine that. If you would like to discuss this further, feel free to contact me.

Thanks,

Arkady Itkin

San Francisco & Sacramento Injury Lawyer

We are sad to hear about your brother's accident and his condition. However, we would like to assist him and your family in making a claim for his injuries. Please call us at (310) 826-6300, ext. 50 at your earliest convenience. You can check out firm's profile at www.mesrainilaw.com .

Hi there,

There is definitely a case against the driver and quite possiblly against the person who rented the car and gave it to the driver. An analysis needs to be conducted of the underlying incident as well as available coverage and assets from the driver, the person who rented the vehicle and possibly the rental company. Any coverage that could possible cover that car or anyone involved, including any uninsured motorist coverage, needs to be found. I can do that for you. I am here in the East Bay and would be happy to talk to you either on the phone or in person.

Jay P. Renneisen, Esq.

Law Offices of Jay P. Renneisen

925-280-8900, ext. 101

This is obviously both a terrible and serious situation. If the drunk driver was the cause of the accident and your brother's injuries, that driver will be liable for your brother's damages (hospital, medical, rehab expenses, loss of earnings and earnings capacity, pain and suffering, etc.). There are questions about the extent of liability financially speaking that a car rental agency will have if this driver was not an authorized drver on the rental contract. The party who loaned the rental car may also have liability. If the car that your brother was driving is adequately insured the may be additional coverage benefits available including medical pay and uninsured motorist coverages (assuming no policy was available on the drunk driver if the rental company's carrier denies coverage for an unauthorized driver) or under-insured motorist coverage benefits that may be available if the drunk drver's vehicle has inadequate coverage on that car or the authorized renter has inadequate coverage. All of this requires analysis and consideration and therefore, I advise that you or your brother (when he is able to) should seek the advise of legal counsel. But I do NOT advise him to give a statement to the rental company's insurance company claims adjuster (or the DUI driver's or authorized driver's insurance carriers' claims representatives). I hope this helps. Bob (818) 222-2433

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .