Legal Question in Personal Injury in California

My wife was parked at a light and was rear-ended by three cars behind her. The police report found car C (the last one in line) at fault and their insurance paid 100% of the property damages for the vehicle and has agreed to pay for all medical expenses. However, they claim that their own investigation determined that car B (in the middle) was 70% responsible and have offered a settlement based on what they perceive as their 30% liability for non-economic injuries. They refuse to divulge how they came to this conclusion for either the percentage of fault or for the amount of their offer. They simply say California's Prop 51 allows them to do this. Car A is insured by the same company as Car C and it turns out car B has no insurance. My wife told the police that she felt Car A hit her first BEFORE either of the other two cars collided with anyone else, but they apparently are admitting no fault at all. How can they be responsible for all physical damages but not for all the non-economic damages. Is there any way to get them to explain how they arrived at their assessment of liability? Should my insurance be helping me pursue this? Wouldn't they be responsible if the Car B actually was 70% and he wasn't insured? What should be our next course of action?

Asked on 6/07/10, 9:12 pm

3 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

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To understand this situation, you need to know a bit of history about the law. It used to be, and in some other states it sill is, that any responsible defendant in an accident could be held responsible for 100% of the damages in a case, regardless of his share of fault in the accident. The thinking was that it's better for a guilty party to be the one to sue other guilty parties for contribution and to bear the risk of that person being worthless. California used to care more about making the injured whole than protecting the negligent from unfairness.

Well, that changed once the insurance industry got smart about the proposition system. With their massive resources, they convinced the idiot voters of this state that it was more important to protect negligent people than innocent people, and Prop 51 was passed. It could have been worse, because the old rule still applies to economic damages: any responsible defendant, even if they only have 5% of the fault, can still be made to pay 100% of the medical bills and lost wages, etc. "Pain and Suffering" however has become demonized in the voters' minds, so that many people believe this kind of damage is not a right, but some kind of freebie, like winning the lottery. So now, if one of the responsible people in an accident happens to be a worthless good-for-nothing, the one holding the bag for his share of "pain and suffering" is not the other negligent defendants, but the innocent, fault-free injured person.

Since that time, insurance companies took this ball and ran with it. Nowadays, if they can find any excuse, no matter how lame, to blame somebody else for a share of an accident, they help themselves to a hefty discount on pain and suffering. You ask if your own insurance should step in to help you: that would be true ONLY if you purchased "uninsured motorist" protection as part of your policy. If you didn't, then the only one who can help you is someone like me: a personal injury attorney. An even if you did, you may find yourself fighting your own carrier as well! They could refuse payment by taking the opposite position as carrier C and claim that car B was not at all at fault, especially since your wife and the police report support that position. Don't forget, all insurance companies are the same: they are a bunch of greedy, grasping flintskins who will gladly stick it to their own customers before paying on a claim.

My suggestion is you take this case to a PI attorney right away. When a party "lawyers up," it often changes the behavior of these bully companies. If you want, we can meet and I can look over the police report and your wife's statement, and we can see what can be done. The consultation is free of course, and if you hire me there's no obligation to pay unless I get you a recovery. My number is 818 257 9250 or you can email me at [email protected].

Answered on 6/08/10, 5:08 am

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Robert Worth Robert J. Worth , Professional Law Corporation

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I worked in claims before praticing law and know this game very well. You should seek out and retain legal counsel to protect your obvious rights that they are trying to deprive you off but you need to go after all of the parties & let them fight it out. I hope this helps. Bob

Answered on 6/08/10, 7:55 am

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