Claims In a Multiple Vehicle Accident
When a multiple vehicle accident is caused by one careless driver, compensating the injured parties can be complicated. This is especially true when the negligent driver's liability insurance cannot fully compensate all of those hurt. In those instances, there must be an apportioning of the policy limits available among all of the injured so that the outcome is fair to everyone.
RECENT ACCIDENT IN RIVERSIDE COUNTY
On February 1, 2018, a box truck driver in Riverside apparently lost control of his vehicle and ended up flying off the 91 freeway and into traffic on Madison Street. As reported by The Press Enterprise, the truck slammed into one vehicle, forcing it to collide into another. In addition to those two vehicles, the box truck continued on Madison and crashed into two more cars. In all, four vehicles were damaged and at least two people were injured and transported to the hospital. Assuming there were only the two injuries initially reported, the settlement of their personal injury claims may be complicated.
HOW TO APPORTION AN INADEQUATE POLICY
In the case above, settling multiple personal injury claims against the box truck driver's insurance may be complicated by the amount of liability coverage available. For example, if the truck driver's policy limit was $500,000.00, but the value of the two claims exceeds that, how will those claims be resolved? Generally, each injured party must be willing to accept their "pro rata" share of the proceeds. So, if one injury claim is worth $1,000,000.00 and the other just $100,000.00, then the $500,000.00 policy would be divided accordingly. In other words, the party with the worst injuries would receive 90% of the policy ($450,000.00) and the least injured party would be paid 10% of the limits ($50,000.00). Sounds simple until the parties have to agree to the valuations. This is where the help of a seasoned injury attorney comes into play.
If you or a loved one has been injured in a multiple vehicle collision, you should act quickly in order to protect your rights. An experienced injury attorney can help you with presenting a claim, assessing the value of your case and obtaining the compensation you deserve.