Auto Insurance Claims: Limitation of liability / statute or otherwise, head trauma, southbound lane

Question
In California, back in 2005, I was on my way to move into a rental property and start college.  During the drive up, I noticed a 1 ton GMC hauling a large trailer off in the distance ahead. It seemed he was having a bit of trouble keeping the trailer in the same lane with him.  He's northbound, I'm south.  Once our gap narrowed enough, his trailer veered a bit too much over into the lane, and I had to drift to the shoulder to miss it.  Unfortunately, something in the shoulder caught my tire and it blew.  This being a light car (a Saturn) and traveling only 50/55 mph, the car swung around on the front hub and somehow collided with the rear end of the pickup, finally ending up back over the southbound lane.  I was initially cited for suspicion of DUI, which was disproved 3 times via blood tests, charged with speeding, and so forth.  Having driven a lot since younger days, I respect these machines and know that any faster than what I was going would have never swung the car around, but plowed it straight through into the field on sheer momentum. So I guess I might have actually been better off if I were speeding.  I incurred serious head trauma, and was not suppose to have made it. the other driver was fine, and left before the CHP arrived.  I was still ruled reckless and at fault, and wasn't given a chance to ever make a statement.  I asked about it in the hospital, and called the CHP after I was released.  They would only ever say that I wasn't coherent enough at the scene to make one, thus presuming DUI.  I guess you better make sure your head trauma doesn't make it hard for you to function at the scene, or else you're out of luck.  On top of that, Gieco dropped my coverage.  Prior when first reporting the accident, they cut me a check for my down payment toward the next six months, which I now would have no car for.  They never cut me a check or any other means when they sent a note three weeks after the accident, stating that supposedly I haven't ever had insurance since two months before the accident.  Funny, because I could have sworn that's who I was paying all this time.  Now we're at the end of 2007 and I'm being sued for property damage by Farmer's Insurance, the insurer of the other driver.  The insured was not who was driving because this was supposedly a work pickup.  I never had much of a chance in the beginning for legal council, and frankly was happy to be alive and recovering.  Once the medical debt was paid and a whole year went by, I assumed it was over.  I've tried a few attorneys for help already, but nobody feels I have a case.  The suit is filed for $20,000 + court costs + anything else they, "Pray the judge awards."  Farmers hasn't a beating heart to be found anywhere.  I'm down to days now to respond, and this is my last straw.  I don't want a counter suit, or money.  I just want to clear my name and be done with it.  Anything I can use which will help in defense would be greatly appriciated.

Answer
Hi Chris,

I sorry for your ordeal.

First, you should have been fighting with your insurance company to provide coverage. If you were paying your premium, you should have coverage. You can file a complaint with your state insurance commissioners office to force your insurance comapny to provide a full accounting of the reason for their coverage denial.

If the coverage denial is correct, there is not much you can do except to try to reach a settlement agreement or payment arrangement with the other insurance company.


I hope this helps
Richard Hixenbaugh