Do I have a case? Personal injury claim against negligent driver

[Kerri_Alpay]

Regarding a personal injury case from a car accident in San Mateo County...

I was involved in a 3 car collision. Party 1 caused the accident, Party 2 hit me, and I am the negligent free party (Party 3). After almost 2 years, the insurance company for party 1 continues to deny liability. The insurance company for Party 2 was found 100% liable for my property damage, but claims only 50% liability for my bodily injury claim. According to the police report - Party #1(P1) CAUSED this collision by driving Vehicle #1 (Corolla) (V1) in violation of 22107 VC which states in part - no person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. It was unsafe for P1 to turn V1 from a direct course of travel and off of the roadway due to the close proximity of the cement sound wall bordering the east side of the highway.

In addition - An associated factor in this collision was Party #2 (P2) driving Vehicle #2 (Porsche) (V2) in violation of 21658(a) VC which states in part a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety. It was unsafe for P2 to move V2 into the #3 lane from the #4 lane due to Vehicle #3 occupying the #3 lane at that location.

My question..would I win a personal injury case in small claims court against party 1? I find it hard to believe that she cannot be held accountable for causing the collision. If she did not cause the collision, I would not have been injured. The statute of limitations is almost up, so I have to file this week. Thank you so much.

 

[KCGirl]

Have you talked to an attorney? Usually if there is a reasonable chance of collecting they will take it on a contingency basis. Its my feeling that if you can't get anyone to represent you its because based on their experience and history they don't think you would be likely to win.

Do you know anything about the driver you are thinking of suing? If he doesn't have a job and has no money then even if you won in small claims would you be able to collect it? I mean, a judgment is only a piece of paper in itself and would give you the potential to collect but is there anything to collect?

I can tell you my experience when I was in a 5-vehicle accident the anniversary of which is today, actually. Though I was the only party found not at fault on the accident report I was only able to collect from two drivers and my own insurance company. By the time the attorneys got through it took a nice bite out of the proceeds but its more than I might have gotten on my own. It was a significant accident which resulted in a permanent condition that limits my mobility and had I known about and purchased UNDER-insured motorist coverage I would have gotten a much larger settlement but I didn't. It seems to me when you hire an attorney that you aren't hiring him only on the basis of what he learned in law school but also for his experience and opinion of your particular circumstances but of course NO ONE knows for sure if it went to a trial.

But you aren't talking about trial just small claims. How much could you collect? Is there anything to collect? Did you ever discuss it with an attorney to get an idea if its attractive enough for someone to take on the case?