Car Accident Insurance Coverage Question?

Question

My friend got into a recent car accident on the freeway in L.A. A car cut her off on the highway and forced her to hit a big rig. The car left the scene and the only thing was recorded (Car and Make/Model of Vehicle). Also, another car was forced into an accident from the hit and run driver. Hitting the big rig too.

A police report has been filed. However, there were some passengers in my friend's car who are also hurt.

If my policy is purchased one way and no medical payments coverage, is it enough proof and evidence to convince the insurance carrier to open up a Uninsured Motorists Bodily Injury and Property Damage claim?

Also, the car is seriously damaged. Should I even take the car out from the tow yard?

Answer 1

YES you should get your vehicle out of the towyard asap. This is something you DO NOT want to mess with.

There are many legal factors coming into play, some of which have nothing to do with each other, some do.

Joint & several states that if any one (in your case, any of your passengers) can prove negligence on YOU, you owe them under your BI coverage, whether it's 1% or 100%. (This is NOT the same as being considered at fault.) In THIS case, they'll come after you b/c the hit & run person is unknown, and your insurance is considered "deep pockets." Basically, they can pick who they recover from. But this is a legal question for a jury to decide.

Comparative Negligence in CA says that very rarely are all parties in an accident free of negligence, the actions of ALL drivers are looked at to determine fault (in a nut shell). If you are deemed 10% at fault, this is not "at fault." In CA, you are considered at fault if you are 51% or more liable for an accident.

In CA, you actually may have an exposure under YOUR uninsured motorists claim up to your "negligent free" amount. If you are 10% at fault, you can only recover 90% of your injury damages under your UM coverage. If you are 100% at fault, you recover nothing under your UM coverage. Your passengers however, are innocent parties and they will be able to recover 100% regardless.

Answer 2

It sounds like your friend might be at fault (therefore voiding the ability to open UM and UMPD.) If the car "cut her off" and she swerved into another lane causing an accident.. she will likely be partially if not fully at fault.

You cant cause one accident to avoid another.