Legal Question in Personal Injury in California

Hi Lawguru Team,
My name is Tej. My commercial vehicle got in accident and damaged about to total loss. It was not my side fault and had multiple (2) vehicle involved in same accident. The driver, who hit us, had no Driver license but car's registered owner is different person and car is insured. Called SFPD, showed up, did nothing. I have incident report. I have witness, Recorded Video of the accident. Totally their fault. I am dealing with their insurance, says they only have 5,000.00 coverage for both our damaged vehicle. My commercial vehicle (Taxi) cost me more than 15,000.00 to be on the road because I have buy another One, Registration, Paint, Decal etc.
Is the insurance company right which they are saying me that about only 5,000.00 coverage? What should I do to get it? I need consult and help to get this all done.
I hope, I will get an advice based on California law.
Thank you.

Asked on 6/25/11, 3:59 pm

3 Answers from Attorneys

Tony Carballo Carballo Law Offices

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All the other party's insurance company has to pay is the policy limit of $5,000 for all the property damage caused by the collision. You can refuse to accept it and sue the other party but what are the chances that someone driving around with a minimum policy has an significant assets that you would allow you to collect the full amount of damages if you get a judgment? You should have protected yourself by insuring your taxi with collision coverage. Most likely all you will be able to get is part of the $5,000. The amount will have to be apportioned between the two vehicles damaged. My understanding is that there were three vehicles involved including yours, another one damaged and the one at fault. Sorry, but not much you can do. This is a risk you took by driving a vehicle worth $15,000 and not insuring it. The law in California only requires coverage of $5,000 for property damage to meet the financial responsibility requirement. Obviously, drivers should buy substantially more coverage but many people like you want to save money by not adequately insuring their vehicles.

Answered on 6/25/11, 5:02 pm

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Michael Stone-Molloy The Lion's Law Office

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You are definitely looking at taking a loss on the property damage. However, there are other potential claims you may be overlooking. Aside from the $5000 required for property damage, the law also requres a minimum of $15,000 for personal injury. It must have been a bad crash if it totalled out a car worth as much as yours. Are you not feeling any pain? Have you not received any medical care? A lot of people just try to "walk off" their physical pain and spend more time focusing on their cars. Forget your car--what about your BODY?

This accident wasn't your fault, so don't do the guilty party any favors! Leave no stone unturned and fully investigate your damages. If you're feeling pain, go see a doctor and present a claim for personal injury. If you need any help, feel free to contact me at (877) LION-FOR-LAW (546-6367) or by email at [email protected]

Answered on 6/26/11, 10:19 am

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