by pollies » Sat May 22, 2010 10:44 pm
Location: CA
Hi I have a question about a three car accident. Party one goes through the green light, party two hits party one then hits another car, party three. Party one says he had a green light and party two makes same claim. Party three could not tell who had the green light. There are no independent witnesses. The police report does not assign fault to either party. Party one and two are insured but party three was driving with lapsed insurance. Would party three be able to make a claim against party one or two in the absence of fault?
Hi I have a question about a three car accident. Party one goes through the green light, party two hits party one then hits another car, party three. Party one says he had a green light and party two makes same claim. Party three could not tell who had the green light. There are no independent witnesses. The police report does not assign fault to either party. Party one and two are insured but party three was driving with lapsed insurance. Would party three be able to make a claim against party one or two in the absence of fault?
Posted: Sat May 22, 2010 11:22 pm Post Subject:
Would party three be able to make a claim against party one or two in the absence of fault?
If there is indeed no negligency on parties one and two, party three of course can file a claim but it would be denied.Posted: Sun May 23, 2010 05:41 am Post Subject:
I think this same question was asked a few weeks ago...
From what I recall CA is No pay No Play so party three can only collect for non-economic losses. Joint and Several does not apply to non-economic losses in CA so party three can only collect from the at fault party.
Search for the prior post for more info.
Add your comment