QuestionHello…from Los Angeles, California.
First off, thanks in advance. I appreciate the assistance.
I was involved in a complicated automotive accident on 10/24/07 and the ball has just started to roll…
I was driving around 11:30PM on a 55MPH 3-lane freeway at 60-65 (I told the officer) and noticed yellow flashing lights on top of an SUV-like vehicle 1 football field away. I could not distinguish it being on the freeway or residential because a fence and 3ft high concrete barricades are all that separate the freeway vs. homes. It was at a turn also…
A vehicle had entered the turn 75 yards ahead of me and no explosions, collision noise, fires, no sign of drama, etc… so I figured all is well and proceeded at my speed.
When I approached, I realized the SUV (public security vehicle) with yellow flashing lights was actually parked on the highway in the right (#1) lane. By the way, there is no shoulder on this freeway. Now, I am thinking what? As I proceed, I see a car with no lights on, hazards off, etc… perpendicular on the highway, blocking lanes #1 and #2 (right and middle) and the car that was 75 yards away from me in lane #3 (left) rubber necking at under 15MPH (estimated).
I downshifted and slammed on my brakes only to collide with the car and force him up the concrete barricades. Here is where my heart drops… As I exited my vehicle, I realized the vehicle I collided with struck the SUV driver (security officer). He was trying to secure the situation and was wondering between the barricade and fence.
I received a legal notice today in pursuant of 17150 and 17151 (property and injury)… My insurance covers $50,000 person / $100,000 occurrence. Unfortunately, the security officer lost a leg (per C.H.P.) also. I am making car payments and living in an apartment. I have no assets whatsoever. I am worried they will garnish my wages for the rest of my life because the bill might exceed $200,000. Any advice on them placing a LIEN on my wages? Can I declare bankruptcy if this occurs? Thanks, again~!
AnswerHi David,
No lectures here about speed and paying attention; instead I would learn how to forgive yourself so as to stop the guilt that might come to you from your acts. One aspect of forgiving yourself is to know that you did the right thing to carry a good policy of insurance to protect people who might be injured from your driver.
As for the claim, once you notify your own company about what you intend to do, I would get in touch with ALL potential claimants. As for each claimant, I would get ahold of BOTH the plaintiff's attorney and the plaintiff's Underinsured Motorist coverage (UIM) adjuster.
Why their adjuster? Read about a UIM SETTLEMENT http://www.settlementcentral.com/page0451.htm Directory Legal Information on Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims: Car Accident Injuries. As you can see, the claimants' UIM insurers will have the right to go after you on a claim that belongs to their insureds. Hence, you MUST include the UIM adjusters in the conversation regarding your lack of assets.
BE CAREFUL NOT TO ADMIT ANY FAULT TO THEM, as that could provide a defense to your own insurer paying on the claim.
Tell them that you are willing to fill out an assets declaration under oath. Before you do this though, make sure you give written notice to your own insurer. Call your own adjuster and maybe she has some ideas to augment these.
These claimants are not getting a total shaft inasmuch as for all claimants involved, what you have to offer total is $100,000. You must let them know that you have no assets beyond the insurance policy for attachment or garnishment. And if they seek a judgment you will take it to bankruptcy court.
THAT is usually enough to make BOTH the claimant and his UIM company go away. Hence you will not have to actually declare bankruptcy. Just by making a written declaration under oath as to your assets you will cause them to settle with your insurer for the full policy limits. When they take your insurer's policy limits, then they are also bound to fully and finally release you from all liability.
I trust that my efforts here have been useful to you, and hence I would respectfully request that you find the FEEDBACK forum on this site and leave some feedback for me.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
