AboutDemanski & Ellis, plc Expertise California attorney. We can help answer your questions concerning injuries received in an auto accident, how to handle insurance claims, how to pay medical bills, how to find
medical providers and how and when to seek legal representation. We can also answer your question for injuries due to slips, falls, dog bites or on the job.
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Question Hello Mr.s Demanski & Ellis,
This is concerning an accident my friend had on his way to work, driving his personal vehicle.
He was making a right hand turn on a green light at an
intersection,when a pedestrian tried crossing in front of him to catch a bus(in the city of Long Beach).
The injury was minor enough that the pedestrian did not receive immediate medical care, and was able to walk away from the scene.
My friend gave his auto insurance information and was told
by the police that arrived, he did not need any information from the pedestrian, such as name or drivers license.
My friend thinks he needs to protect his personal asset
(his home) by transferring title, but I believe that a lawsuit to cover any medical expenses would likely be under
$5000.00, and I would think his auto insurance(he says he has full coverage) would cover it.
Thank you very much for your time.
I will be waiting for your reply patiently,
Sincerely,
Jerry T. Diaz
Answer Jerry:
The facts you gave pretty much indicate that you friend will likely be found fully responsible for hitting the pedestrian.
As the pedestrian did not seem seriously injured and walk away from the accident it would be a good bet that there is not a serious injury. (Although there could be.)
If your friend had auto insurance, the minimum liability coverage he could have is $15,000.00. What you have described would seem to be a claim that would be covered under a minimum policy. If your friend owns his own home, he should have more liability coverage than the bare $15,000 minimum required by law. If he does not let this scare be a warning to him. Get a larger policy. I would not have a liability policy for less than $100,000 as a home owner. You could also let him know that if his home owner insurance policy and his auto are with the same company, he can likely get 1,000,000 or more liability as an umbrella policy over both for a relatively small price and be very well protected.
I would expect your friends insurance company to get the calm settled within the policy limit. Even in a case in which the injury claim would have a value greater than the policy limit. The injured party may settle for the lesser policy limit amount because of the difficulty of going to court for an amount that might not be that much more than the policy limit. It is expensive to sue someone.
If you friend is sued, his insurance company has to pay for the lawyer to defend him.
He should let his insurance company handle it and if he gets sued send the paper work to the insurance adjuster so they can hire him an attorney.
Injured people, such as the person that was hit crossing the street with the light deserve to be fairly compensated for any injury they received. I would say that will take place without your friend having to do anything. His insurance rates are going to go up, as they should since he hit someone, but that is likely the only financial loss he will have. In a couple years the accident will be off his record, his rates will back to normal, and the person he hit will have been fairly compensated for any injury received. Good Luck with this. Good to see that you are looking out for your friend, he is lucky to have your counsel.
David Demanski
p.s.
I am able to take the time to answer question for this service, but I am not able to proof read the answers.
Please excuse the inevitable typo's.
This response is not intended to replace the advice of an attorney. The answer is based on limited, incomplete facts that were provided in the question. It is recommended that before taking any action a consultation with a experienced injury attorney be obtain so that a complete assessment of the situation can be made.
