Legal Question in Personal Injury in California
Me(Passanger) and a friend of mine(Driver), were pulld off on the freeway shoulder, with emergency lights on , we were standing outside the vehicle waiting for a tow truck, when we were hit by a drunk driver from the back. I was sent to the emergency room and sufferd a broken collar bone, and I just finished chiropractic, and will need surgery. My friend was also hurt, but was arrested for "Wet reckless driving that night. And we both hired the same attorney. The driver of the vehicle that hit us was arrested for DUI and was insured by Allsate. He was at fault and the cause of the accident in the police report.
My question is what will happen to me (the passanger), will I most likely get a settlement, How much? or will this go to trial. My attorney said he already sent in a demand for me
4 Answers from Attorneys
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J. Hale
You should have your own attorney. There is a probable conflict of interest.
The short answer: yes, you will get a settlement. The real problem is this: will you get ENOUGH?
Your injuries are serious enough that you have to wonder whether or not the guy who hit you has enough insurance to pay you. What if he only has the minimum limits ($15k)? Your claim is worth a lot more than THAT.
If that ends up being the case, you might need to look at your friend's insurance as well. Was it your friend's fault that you got stuck on the highway in the first place? You and your friend do not have the same interests, and it may be a conflict of interest for the same attorney to represent you.
You should talk to someone who is independent and in your local area. We are based in downtown Los Angeles, and we take cases in the valley. I was in the Van Nuys court just today. Give me a call or send me an email and I'll be glad to go over the whole case with you.
The case may or may not settle depending upon what you are offered. Is there enough insurance. If you want feel free to call my office I will be happy to talk to you 818 345-0123
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