QuestionHello Mr. Nussbaum,
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 totalled 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 am an actively licensed California attorney who, although pretty much knocked off the horse for good by my heart and brain problems, thought that 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
AnswerBruce,
Accidents never come at the right time do they. My condolences on the loss of your mother-its never easy even if your prepared for it, and particularly when your not. The laws vary by state regarding whether insurance limits must be disclosed. I am licensed in Florida and New York and both states require it's disclosure.
I represented a Florida resident in a CA accident a few years back and they took the same position-not required to disclose the insurance limits. I believe it is true that they need not disclose them. You could probably call a local P.I attorney to find out for sure and I bet there is even case law in CA on the issue. Through conversations with the adjuster in my case I did come to learn the limits without them explicitly telling me.
Did the adjuster tell you verbally or in writing that the insured refused to disclose the limits? Make them put it in writing so it documents the file.
I would demand "policy limits" on each of the cases, and see what their response is. If at some point they represent that they have offered the full amount of the limits-tell them to put that in writing and advise them that if they expect you to accept the offer, they need to send the Declarations page to you before you would sign a release.
I would seriously consider retaining an attorney for your case as the injuries sound quite serious.
Best of Luck,
Marc B. Nussbaum, Esquire
