liability
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
liability
My daughter was in a car accident, she rear-ended another vehicle. She slammed on the brakes because the driver of the car in front slammed on their brakes. Unfortunately,she sustained the most damage to her car totaled. Thankfully both drivers were released from the hospital. My daughter has a fractured sternum and now experiences panic shakes when she awakens. More than likely she will be at fault. However what type of compensation will she be able to receive for medical bills, car, work, etc.? She has full coverage insurance and never has had a ticket or accident. She is 22 and just graduated college.
Asked on December 15, 2018 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If she was at fault--and if she rear ended another, she was at fault; the law presumes that the driver who rear ended another is at fault because she had an obligation to maintain such safe following distance and speed that if the driver ahead stopped suddenly, she could still stop in time--then all she can get from insurance is the cost to repair her car (or its value if it is totalled) from her comprehensive coverage (assuming she had such); and whatever coverage for medical bills her health/medical insurance provides. Her own liability insurance will not help her--it pays to other people injured or whose cars are damaged by her when she is at fault. And the other driver's liability coverage would only pay out if the other driver were at fault in injuring your daughter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.