Legal Question in Personal Injury in California

Car Accident

I was involved in a car accident last year, Aug 2003.

I rear-ended a car...

They are claiming $44,000 in injuries.

1st of all, the Driver of the other car have no lic. would that matter in court?

I'm still trying to find out if they have insurance. I think they don't have insurance. What should I do if they don't have insurance?

When they filed a claim, they claimed that 5 people were in the car and all of them are claiming injuries. But now, their lawyer is saying that there were 6 people in the car. They are trying to add a 3yr old kid for injuries claim. I do not recall seeing a 6th person when the accident took place. How can I prove that?

My insurance only covers me upto $30,000. Do I have to pay the remaining $14 thousand?

Please give me some legal advice? They are certainly exaggerating. I don't know who to ask. Please help. Thanks!


Asked on 3/06/04, 1:43 am

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Car Accident

If you haven't already turned this over to your own insurance, do it immediately. If they refuse to provide you a defense, because you waited too long, contact me promptly so I can convince them otherwise.

You said you were at fault, the other parties don't need insurance to sue you.

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Answered on 3/09/04, 5:40 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Car Accident

You did give the lawsuit to your insurance carrier, right? You did tell them about the accident back when it happened, right? You are contractually required to do these things or risk losing your coverage. Part of what you paid for when you bought auto insurance is a free legal defense. I would be surprised to learn that the eventual settlement, if any, exceeds your policy limits. But that is just a guess.

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Answered on 3/08/04, 7:07 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Car Accident

You should tender the matter to your insurance carrier immediately. Provide them with all of the correspondence, police report, etc. They will take your statement. That's what insurance is for. They will also try to settle the matter within policy limits. Good luck!

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Answered on 3/08/04, 8:09 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Car Accident

Turn the matter over to your insurance carrier. You should be fine.

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Answered on 3/08/04, 8:34 pm


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