Legal Question in Personal Injury in California

Interpleader and comparative negligence

Four of us were broadsided by a vehicle that ran a red light. My wife and I wanted to take our time before submitting the info. to the insurance company to ensure that her medical treatments were complete and that she was fully recovered. The other two passengers hired a lawyer to initiate a suit before returning home to the Philippines. We have been getting pressure from the attorney to provide him with copies of our medical bills. I refused but submitted the info to the insurance company instead. The insurance co. offered to pay the max offered by the policy for bodily injury. The other two passengers grossly inflated their bills (literally added a zero -We know this because on of the other passengers is my wife's brother). The amount was prorated by the insurance company so that the attorney and the other two passengers get 75%, leaving us with 25%. We spoke with the attorney and told him that we willing to go 40%/60% in his favor, but 25% was unfair. He responded by saying that he is going to file a ''interpleader'' next week, and that we could be sued with some kind of ''comparative negligence.'' This sounds like intimidation to me. We were victims of someone who blew through a red light. Please advise


Asked on 11/17/07, 2:30 am

3 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Interpleader and comparative negligence

Interpleader is something that the insurance company might want to file, but is not something that the other lawyer should be filing.

That other lawyer might, however, file a lawsuit against you to allege that you were also negligent and you and should pay for a portion of the other couple's damages as well as bear some of the responsibility for your own injuries.

I would recommend you visit your own lawyer to prevent this lawyer from pushing you around or forcing you to accept an unjustifiably diminished settlement. You don't have to put up an unreasonable fight, but you need not roll over and play dead, either.

For more information, see my website at www.SFBayInjury.com.

Good luck.

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Answered on 11/19/07, 1:02 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Interpleader and comparative negligence

You need legal representation. The lawyer is representing his client. Why should the victims resolve their cases against the wrongdoer for inadequate compensation just because that person under insured?

Read my free special report about the things insurance companies don't want you to know. You can find it on www.MWRothInjuryLaw.com. Then get a lawyer to help you.

If you do not want to pay a contingency fee on your recovery, you can pay a lawyer for his or her time and advise. But, you are learning that you are at a huge disadvantage if you represent yourself in these matters.

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Answered on 11/19/07, 9:24 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Interpleader and comparative negligence

I agree with my colleagues.

You tried to overanalyze from the start. You should never deal alone with the insurance company. They eat people like you alive.

You should hire a personal injury attorney ASAP and stop quibbling about percentages.

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Answered on 11/19/07, 9:30 am


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