Legal Question in Personal Injury in California

my mother was killed by a guy who owns his own business..she was driving through a green light when this meth head ran a red light and killed her..he was using his so called personnel truck for work and let his liability insurance lapse for his business and his car insurance is pretty low is there a time frame of letting a liability insurance lapse that they are still covered? or do we have to sue his homeowners? or is it possible to go after the people who hired this guy without knowing his insurance was expired. he was clearing the roadways working for the county roads while he was wasted on meth and opium. can the county be liable for hiring such a waste of life?


Asked on 5/26/11, 4:38 am

4 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Yes the county could be held liable if he was working at the time of the accident.

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 5/26/11, 7:05 am
Armen Tashjian Law Offices of Armen M. Tashjian

Sorry to hear of your loss. You may have a case against the county but mare facts are needed. This can only be accomplished by prompt investigation. Let me know if you need assistance.

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Answered on 5/26/11, 7:58 am

I agree that there may be a case against the County, but more facts would be needed. You should also know that you only have six months to file a claim against the County. As for the guy, you can't sue his insurance company. Victims never have any rights against the perpetrator's insurance. Insurance rights are only between the insurance company and the insured. You sue him and whatever insurance he has will then defend and/or pay the claim. You'll only know what insurance was in effect once you sue him and he tenders it to any insurance carriers he may have.

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Answered on 5/26/11, 9:44 am
Robert Worth Robert J. Worth , Professional Law Corporation

Mky condolences to kyou for your loss. As noted above there may be liability against the county on what is called an agency theory and may also involve negligent supervision. However, any claim made aganist a governmental agency first requires a notice of a claim to be timely filed (within 180 days) I have handled governmental llability involving personal injury cases and I can offer you a courtesy consultation if you so desire. Either way, you should seek the advise of an attorney for this wrongful death. I hope this helps. R. Worth (818) 222-2433

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Answered on 5/26/11, 12:23 pm


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