Victorville, CA asked in Car Accidents and Personal Injury for California

Q: WHY DO I HAVE TO WAIT FOR OTHERS TWO MORE CLAIMANTS IN MY ACCIDENT BUT THERE LAWYER IS NOT SUBMITTING THIER INFORMATION

BECAUSE IT WAS MY DAUGHTER AND BOYFRIEND AND THEY BOTH FINISH THERE HEALTH TREATMENT LAST MONTH,SO WHAT CAN MY LAWYER DO/

4 Lawyer Answers
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Personal Injury Lawyer
  • Palm Springs, CA
  • Licensed in California

A: It depends on how long ago the accident happened. You, and the other two people, have two years before you have to file suit (that's when the statute of limitations expires). If the suit is fairly new, other related parties can join in as additional plaintiffs. Attorneys don't all work at the same speed. The lawyer for your daughter and boyfriend may be slower at gathering information than your lawyer. You might try to give your lawyer a nudge in order to speed things up. Good Luck.

Dale S. Gribow agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info......however i bet their lawyer is just slow in sending in or receiving all the meds.

the ins co wants to be sure there is enough insurance to pay all of you 100 cents on the dollar

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Nothing. The insurer won't impair the insured's policy limits while there are other people making claims against the insured. They can get in deep trouble by leaving the insured unable to pay the remaining claimants with the remaining policy limits. As a result, you are going to have to wait. Your only other option is to file suit and go to trial. If you get a judgment, the insurer will pay. However, that is a 1-2 year process, which sounds longer than you want to wait.

Finally, you have an attorney you are paying for this information. Why are you asking strangers on Justia?

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: The problem is this--take a look at your insurance policy. Under "liability " it will have a figure--25/50, or 500,000

That means a split limit--max per person, per crash---in this example most one person could get would be 25, most they will pay for the total of all claims is 50.

The other policy is a single limit---most they will pay for any and all claims is 500,000.

So the insurance company needs to know the max value of each person's claim before starting to divide up the pie. If everyone's totals more than the limits, they won't settle one because the others may be above the limits and that would mean they had exposed their driver to not having full coverage.

Everyone has to wait until the company is ready to start dealing. In some cases they may put the money into court and let the court divide it up--this is called "interpleader."

As your lawyer has told you, if you continue to hurt, continue seeing the doctor--otherwise you won't have any evidence showing how long the pain has lasted.

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