Legal Question in Personal Injury in California

My car was rear ended when my roommate was driving it, and the person that rear ended me their insurance company says we are at fault and sent us a letter saying that they found us at fault and we owe them $2300 for the damage to the car that rear ended us. My insurance company denied my claim and wont do anything for me because my roommate was driving and was not covered under my insurance. The thing is we were rear ended my roommate didnt hit the other car. Anyways the other reason they wont help me is because both insurances are mercury insurance and mercury wont sue mercury of course. Anyways where can i find affordable civil legal aid. To fight this because we were not at fault they hit my car and messed up my frame and they are trying to stick me for their bill. I am in the los angeles area. Any help would be well appreciative. A paralegal i work with said were getting scread and to contact legal aid. I need to find one that handles civil law.

Asked on 11/24/10, 4:54 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Legal Aid normally will not handle propety damage/personal injury cases. Nor will you likely find an attorney willing to handle a case in which a 1/3 attorney fee, assuming the damage to your car was about $3,000, will be $1,000 or less. They might handle it if they felt there was more money involved because of bad fatih by Mercury Insurance in handling the claim.

You have to look at your insurance policy and see what it says about infrequent driving by another person in the same residence. Was the roommate driving because you both had been to a party and you were drunk, does driving by others occur only once per month, etc. If Mercury has not given you an opinion as to why they find you at fault, demand one. Demand that the provide you with "Cumis" counsel who the insurance company has to pay for but is an independent attorney representing you. Argue theat their is an inherant conflict of interest in Mercury representing the two adverse parties because it can not then decide the issues, including coverage, in an unbaised fashion.

You are correct that the normal assumption is that the driver who rearends another car is at fault, but there are exceptions. You do not decribe anything about the accident so I have no idea who is actually at fault.

Answered on 11/29/10, 5:42 pm

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