San Mateo, CA asked in Car Accidents for California

Q: I was in a 3 car chain reaction accident. What if at fault drivers insurance is not enough to cover both vehicles? CA

I was stopped at red light, car behind car behind me did not stop and hit person behind me who then hit me. All 3 cars totaled. My truck is least expensive and was valued by adjuster at $7k. He told me I’ll be lucky if I get $1k because of cost to repair the other vehicle.

Why does that person get covered instead of me? I only have liability insurance.

Thanks for your answer, I understand. One more question regarding this,

They said it will be at least a month before they know exactly how much I will get but, assuming I only get $1k for my truck that is valued at 7k, will the insurance company take possession of my truck?

I know that is usually what happens when they declare a vehicle “totaled”, but since I won’t be getting full price do I get to keep it?

It is still driveable.

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

A: No one is getting covered "instead of" you. You get covered proportionally. If the value of the three cars is $75,000, and your car is worth $7,000, the you get 9.3% of the total property damage settlement ($7,000/$75,000 = 9.3%). If the property damage limit is $5,000, you get $465 ($5,000 x .093). You took the risk by not purchasing collision insurance. You can also refuse settlement and attempt to force the other driver to contribute personally to the settlement to increase your take. That is not always successful since people with inadequate insurance don't usually have money to contribute. Your other option is to file suit in Small Claims, collect what you can from his insurance and attempt to collect from him personally.

1 user found this answer helpful

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

A: PS You can get additional compensation with a bodily injury claim. Sounds like a big collision. Injuries would be expected. Talk to a PI attorney.

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Personal Injury Lawyer
  • Fullerton, CA
  • Licensed in California

A: Yes it takes time when policy limits on multi car accident - need everyone approval plus subrogation if other people go through there own insurance then subrogate (that is what takes time), everyone treated equal with reductions proportional to all.

call us if you want to discuss more or have more questions. Is this only Property Damage case for car damage or is their personal injury with medical bills claim to request, may be able to make a claim for injury as well if you were hurt from this accident.

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

A: more info needed.

however, you will not collect 100 cents on the dollar. I just wrote an article on this topic. if you want a copy email me.............dale@dalegribowlaw.com

most people would advise you it is your own fault for not having more insurance.

look at the answer below by Wm Light.

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