Legal Question in Personal Injury in California

Do I have a case against an unsafe u-turn?

A tourist from Columbia, South America (borrowing an insured car from a friend here in the US) did a u-turn in front of me on a 2 lane highway (thereby blocking both lanes) causing us to crash and subsequently my truck to roll. I was not injured, although I did have to go to the emergency room for a cat scan and xrays. My Toyota 4Runner is totaled and the valuation from my insurance on my truck is very close to the loan amount left to pay on my loan. However, my 1997 4Runner was in excellent condition and I could have kept it for another 5-10 years. Now I am left with a very small down payment on a new car and a large loan to assume again. I want to know if I have a possible case against the other insurance company to increase the settlement.


Asked on 2/02/04, 2:38 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Do I have a case against an unsafe u-turn?

Against the 'insurance company' - NO, they are not a party to the claim, only the insurer. Against the other driver and owner - yes. Since the driver was a 'permissive user', he is typically covered by normal insurance, and you have a claim against both the driver and the registered owner. If you were injured enough to seek medical attention and testing, then you have a personal injury claim, and a property damage claim. The problem is that the registered owner is liable for only $15,000 max by law, however the full policy value is available to pay on behalf of the driver. You need to contact an attorney to help you, as no insurance company will pay you full value otherwise.

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Answered on 2/04/04, 1:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Do I have a case against an unsafe u-turn?

You can try, but the other car's insurance probably will not cover this accident. The Colombian visitor was probably not listed as an insured on the policy and if that is the case the insurer will not pay. There's no reason not to give it a try, though.

You do have the right to sue the owner of the other car on the theory that he negligently entrusted his car to someone without knowing whether she could drive it. This may be difficult to prove, and it may actually turn out that the owner had every reason to believe she could drive.

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Answered on 2/03/04, 10:59 pm


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