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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4190
Experience:  Civil litigation attorney for individuals and businesses.
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auto accedent

Resolved Question:

auto accedent
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

If I understand your post correctly, you have either just been in an accident, or you have been sued in a lawsuit for allegedly causing an accident, is this correct?

Customer:

jsut been in an accident

William B. Esq. :

I am sorry to hear that, I hope that you are okay. Do you have auto insurance?

Customer:

I was driving look up saw a green light and turned to my left to see a car passing when I turned around the car in front of me had came to a dead stop at the green light

Customer:

I am ok but the other car and my sons car is not.

Customer:

this happened two weeks ago. sense then I have found out that my son had in advertinly excluded me on his insuranace.

Customer:

the lady driving the other car was cited for driving without a license not that, that matters as I hit her

William B. Esq. :

Were you driving the car with his permission? (His insurance should cover you as a "permissive driver")

Customer:

yes

Customer:

I had his permissio to drive the car

Customer:

but on his insurance I found out I was excluded

William B. Esq. :

His insurance should still cover the damage (insurance is a matter of contract so you will need to check the policy to make sure), but usually this type of matter does need to at least be "tendered" to the insurance carrier - file a claim with the insurance company. Even if you are not covered, your son should have some coverage for the damage to his car.

William B. Esq. :

When you say "excluded" does that mean that he said you were not an insured driver, or that he simply forgot to add you as an additional insured, or additional driver, to his policy?

Customer:

He only had minimum coverage to cover the other guy. and his insurance is saying they will not cover the accedent. There is more to this mess. My own auto insurance company because of my wife may not cover this either.

Customer:

I suppose I asking what will happen next... this lady should not have been on the road anyway without a lic. do I have any protection from civil suit....for her neglagent driving?

William B. Esq. :

His insurance is still required to provide the amount of coverage that your son paid for. (If it is only liability coverage, that would just be the amount for the other person's car - whether you were named or not).

Customer:

what does he say to his insurance carrier to get them to pay?

Customer:

what about me being excluded on the policy

William B. Esq. :

If this other person was driving negligently as well, there is an issue of comparative fault, or comparative negligence. This means that both parties share some level of responsibility and the damages caused (to both vehicles) will end up apportioned among the two of you (in a simplified version).

William B. Esq. :

To get his insurance to pay, your son will need to write a formal letter to the insurance carrier telling them of the accident, telling them of his "request" (Demand) that they provide coverage under the terms of the insurance contract, and keep them apprised of the situation if the other driver does in fact file a lawsuit.

Customer:

these other people were transported to the hospital and released with minor neck injury's - I am glad they were ok but still trying to figure out what kind of an attoney I may need just in case and really concerned over being suid.

William B. Esq. :

In the event you are sued, first, have your son send a second letter to the insurance company advising them of the lawsuit, and second, you can retain a civil litigation attorney to represent you.

Customer:

I am sure they will try and clean my clock and that is what scars me

William B. Esq. :

This is still a very recent accident, a civil suit at this time (while possible) would be very fast. It is important to keep information regarding the event (intersection, date, time, weather conditions, etc.) handy, but there is not really anything you can do proactively.

Customer:

Ok, thanks Bill any other advise you may be able to share with me....

Customer:

and can I get a printed copy of this comunication?

William B. Esq. :

Litigation over auto accidents is fairly "form driven" in California, there are a lot of documents where the parties only have to check the box to send them to the other one for more detailed answers. If you do get into litigation, you may want to contact a lawyer (again a civil litigation attorney, I will send you some more details below), and discuss the costs/benefits of defending a suit (some defendants simply take a "strategic default" and do not defend the case - this must be a well calculated strategy), but I would write to the insurance company constantly if they do not pick up the defense.

William B. Esq. :

Unfortunately, I am not permitted to give specific referrals on this forum. I can however give you a couple of sites that will be helpful in locating a local attorney. You can find attorneys on your State Bar Association’s website: (www.CalBar.ca.gov); Martindale Hubble: (http://www.martindale.com/); or, on AVVO: (http://www.avvo.com/find-a-lawyer).


 


To keep costs down, I recommend finding an attorney that is working in a small firm or as a solo practitioner. A newer attorney usually charges slightly less than a more experienced attorney, while the more experienced attorneys are usually a little more efficient. In the end, you need to find an attorney that you feel comfortable with, and it is okay to speak with more than one before retaining one.

William B. Esq. :

You will get a link to this conversation so that you can review it in the future.

Customer:

thanks you have been most helpful

Customer:

have a good evening

William B. Esq. :

Thank you, XXXXX XXXXX do the same.


I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.

Customer:

ok will do....

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4190
Experience: Civil litigation attorney for individuals and businesses.
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William B. Esq.
William B. Esq.
Attorney
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Civil litigation attorney for individuals and businesses.