Legal Question in Personal Injury in California
Car accident involving provisional driver
I have been offered a settlement of $6,500. for personal injuries caused by an accident involving a provisional driver making an illegal u-turn at 12:00 pm with 3 passengers. I suffered soft tissue injuries, and a compressed disc. No lost wages. Med. bills of $3,500. I did require 24/7 care from my family for the first week as I couldn't move. I know my settlement is worth more than that, but how much more is my question. Can I hold the parents accountable for negligence of their child? Can I hold the driver accountable for negligence too?
Thank you.
2 Answers from Attorneys
Re: Car accident involving provisional driver
In order for you to have a claim of negligence against either a civil suit needs to be field by you or your attorney. From the facts you�ve provided it seems like you are dealing with the insurance company adjuster and are in negotiations to settle the case. As such it is advisable for you to seek the assistance of an attorney in your area and get assistance in the negotiations with the insurance company and if need be to file a civil law suit based on negligence and negligent entrustment.
If you like to discuss the matter further, please contact me.
Re: Car accident involving provisional driver
You have described a significant injury that may be a problem for the rest of your life. What you can settle it for depends on what facts you can demonstrate and what financial losses you have suffered. You also need to be aware that if you have medical insurance, many of the insurance companies will look to you to reimburse them when you settle your case.
Jurors these days are being told in advertising by insurance companies that there are too many lawsuits, that there are too many fraudulent claims, that people don't take responsibility for their own carelessness. The truth is that there are fewer lawsuits over injuries in most courts in the state compared to 10 or 15 years ago despite the increase in population and injuries. Fraudulent claims are still claims that should not be paid and cause fair claims to be scrutinized carefully as they should be. Most insurance companies try to settle claims as cheaply as they can. You need to preserve evidence of the lack of care by the defendant so that when you have to hire a lawyer to try to get a fair settlement you can help your lawyer prove your case. If you are not comfortable doing that, you should talk with a lawyer that you trust and get advice about your case.