Asked in Car Accidents for California

Q: I was involved in an accident where a man j-walked right in front of my vehicle, I was unable to avoid hitting him

He died as a result.

is it already a foregone conclusion that I will be sued, and that my Insurance policy will pay-out, and the family’s lawyer will be able to go-after whatever assets I own, even if the Sheriff’s dept. has concluded that I am not guilty of any wrong-doing?

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

A: much more info is needed. Are there wits to the ped being at fault? did police say ped was at fault?

your auto insurance will defend you.

I advise you, if you have a small policy and have assets, that you may need your own attorney. Maybe even put assets in a trust???

if you have small insurance limits and assets, then you will need to protect yourself.

this is why people should have high limits and an umbrella policy............

and yes, you may be sued, unless the plaintiff's lawyer believes there is nothing she can get from you.

Edward A. Smith
Edward A. Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Most of the time, depending on your assets and insurance, they will not go after you personally. Your insurance will likely offer up your policy limits and if the attorney for the decedent's estate does not accept that offer of limits, then they will take you to court and will need to prove their case. Your insurance will defend you all the way.

It is possible the pedestrian also had a car where there was a higher limit insurance than you have. In that case, the other lawyer will collect your policy first and then go after the pedestrian's underinsured motorist coverage.

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