Question
My two sons, my wife and I collided broadside in the right lane with a pick-up truck that had pulled in front of us directly in front of a large cargo truck which was then stopped in the left lane. The cargo fully obstructed our view of the pickup until a split-second before we collided at 30-35 mph. Responding police were able to recover video taken by a mini-mart security camera and they determined based on the video and other facts that the pick-up truck driver was at fault. All four members of my family, who had just left my Mother's burial service, were taken by ambulance to the ER. One of my sons suffered a lower back injury which continues to cause him daily pain. My other son also suffered back injuries which largely resolved after several months. My wife had significant seat belt bruising (inexplicably, neither airbag deployed) and next and shoulder strain and sprain which she continues to seek treatment for from a (yuck) chiropractor. I sustained the worst injuries, bonewise sustaining a fracture in L-2, and bruising of the chest and along with pain in the breastbone which continues. But by far the single most significant injuries I sustained was the aggravation and worsening of previous damage to the brain and heart which occurred over a 21 day period in the hospital after I became delusional, went into cardiogenic shock and was n a coma for 9 days before awakening,after which I underwent high risk heart surgery. At the ER following the accident it was suspected that I had incurred bruising of my heart and possibly of my new coronary arteries. I also had a bad headache and for a few hours became agitated much as I had 9 months previously. Furthermore my driver's license was suspended indefinitely after the ER doctor reported that I was mentally impaired at the ER. Finally, all 4 of us suffered what I guess you could call aggravation or interruption of the grieving process
for my Mother, as all of our attention suddenly became focused upon the accident rather than my Mom.
The pick-up driver's insurer accepted liability, paying for our totaled minivan. Prior to my realization, after about 7 months, that my brain had indeed been further and seemingly permanently injured, I had taken it upon myself to seek a settlement, which I had envisioned, certainly for me individually, would easily reach the policy limits of the liability coverage carried. I could at least handle settlements for my wife and children. But before I could move forward I have obviously needed to know the policy limits of the bodily injury coverage carried by the pick-up truck. The problem (and, at last, my question!) is that the adjuster for the pick-up driver and owner refuses to disclose her policy limits because her insured refuses to grant her adjuster (supposedly) permission to disclose her coverage as a matter of privacy. Can you tell me what the Calif rule is regarding such disclosure. I have learned that NY law requires it, but not whether California law does? Thanks
AnswerHi Bruce,
I'm sorry you are in this situation and hope you are feeling better.
First of all, I am not an attorney and nothing in this answer should be considered a substitute for legal advise.
As far as I know there is no requirement in California to disclose the policy limits. Considering the extent of your injuries, it would be my recommendation that you speak with an agressive personal injury attorney. Regardless of the policy limit, you need a professional evaluation as to the financial value of your claim. A demand would then need to be sent to the adverse insurance company. An attorney can also do an asset search to see if the at-fault driver has any assets that could be attached in the event that the policy limit is not enough to cover your demand. In addition, you likely have uninsured/underinsured motorist coverage for bodily injury. That is coverage on your policy that may also be tapped in order to meet your demand. Due to the complexity, and likely size of your claim, I would highly recommend that seek the advise of an attorney before going any further with the claim. If you are going to seek an attorney you should have no further communication with the insurance adjuster.
I hope this helps
Richard Hixenbaugh
