Legal Question in Personal Injury in California
Police report says we are both at fault. How much will insurance pay?
I rented a parking space for my motorhome from a local store owner for the last few months. I was having problems getting my RV started and got underneath to take a look. About 5 minutes later I felt a horrible pain in my foot and realized someone was running over my foot. I have been to the doctor who says I have some nerve damage to my foot. My problem is I just got a copy of the police report and it states that we are BOTH at fault. The other party for not paying attention and running over my foot and me for being under my vehicle. I don't have any medical insurance. What kind of payment can I expect to get for my injuries, loss of wages, pain and suffering, etc IF ANY from this insurance company?
2 Answers from Attorneys
Re: Police report says we are both at fault. How much will insurance pay?
You need to see an attorney ASAP.You may be at fault, however, the most that this will do is to reduce you award.
Re: Police report says we are both at fault. How much will insurance pay?
Unless you can show the driver was negligent, that he did or should have seen you, there isn't a high likelihood of recovery. You can try though, since the police report assigns 'some' responsibility to the driver. Maybe their testimony could provide an interpretation of the facts and physical layout of the scene that would help you. You can try to talk to the investigating officer and try to get more detail on what he says and thinks.
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