Need Advice Regarding Auto Accident in California and possible lawsuit

[palam001]

What is the name of your state (only U.S. law)? California

I was going 65 mph and rear ended someone car that was left on the freeway in middle lane in a very dark area of the freeway 3 am in the morning. I found out later that night the car was involved in a previous accident of the driver hitting the center divider for unknown reason and the driver have left the scene, and no tow truck was called. The highway patrol got several calls from other people that driving pass it and that almost hit it. The driver was no where to be seen. The parent of the driver showed up 30 minutes after I hit the car and approximately 60 minutes after the driver left the scene. They said something like their daughter was upset and left the vehicle for them to pick up. Sound shady , probably irresponsible teenager. The highway patrol keep questioning where the other driver at, the parent said they don't know. The highway patrol was on their way to scene before I hit it, so they were exactly 5 minutes away.

Highway patrol report indicate I'm 100% at fault and insurance totaled both vehicles. My insurance coverage is $10,000 property damage but the other blue book vehicle value is at $16,000. I was notify by insurance of possible lawsuit if they don't settle. No one was injury beside myself, but I took good care of myself and recovered. My thoughts was the other vehicle driver was very irresponsible for leaving the vehicle there and left the scene, but at the same time it could have been worse if they sat in the vehicle. Will they be able to suit me for $6000 for the extra. Remember the other vehicle already damaged and unmovable before I hit it from behind. From the picture, the other vehicle engine was all mess up and one of the tire is gone.

I need legal advice how to pursuit this....Thanks for reading.

 

[FlyingRon]

Report it to your insurance company and let them handle it. They'll settle or defend you against a lawsuit. You are only responsible for the damages YOU caused.

 

[Zigner]

You are only responsible for the damages YOU caused.

This is true and I'm only adding on to it for the OP's benefit:

You are 100% responsible for the damage that you caused because you were traveling at an unsafe speed, as evidenced by the fact that you couldn't stop in time or otherwise maneuver to avoid the car that was stopped in the road from a prior accident.

I find it ironic that you accuse the other driver of being "irresponsible" when your driving was also irresponsible.

 

[palam001]

They said they won't defend me if exceed $10,000.

Report it to your insurance company and let them handle it. They'll settle or defend you against a lawsuit. You are only responsible for the damages YOU caused.

They said they only cover up to $10,000 and if they other party demand more they advise me to get a lawyer, so how are they defend me against lawsuit. The damage I cause was already damage before I hit it, engine was already mess up and won't even start, will they even consider that?

 

[palam001]

65 mph to a non-moving vehicle is just a spit second.

This is true and I'm only adding on to it for the OP's benefit:

You are 100% responsible for the damage that you caused because you were traveling at an unsafe speed, as evidenced by the fact that you couldn't stop in time or otherwise maneuver to avoid the car that was stopped in the road from a prior accident.

I find it ironic that you accuse the other driver of being "irresponsible" when your driving was also irresponsible.

There was two vehicles ahead of me that change lane rapidly as they see the vehicle parked, and I'm the third vehicle behind them, we all going 65 mph, I hit it in spit seconds, it happen so fast no time to even brake or react, dark area of the freeway. Seems like you think leaving the scene of a mess up vehicle in the middle of the freeway is ok??? She did not even brother to call highway patrol or toll truck, just her parent???? Sound like either a unlicensed driver or drunk teenager. I guess I never know, because no one know where she is or who she is, Highway patrol just do the reporting my fault, no investigation.

 

[ShyCat]

They said they only cover up to $10,000 and if they other party demand more they advise me to get a lawyer, so how are they defend me against lawsuit.

Your insurance carrier will defend you but they will only pay up to the coverage limit. You do not have to hire your own lawyer, but it is your right to do so. You have to weigh the possible benefit to the probable risk and expense.

We got the same recommendation when sued for $60k when our liability limit was $50k per person. The plaintiff had been offered up to $15k by our insurance carrier just to make him go away but he demanded $30k. (We were told he was the most difficult claimant they had ever dealt with.) If his tactic to sue for $60k with a high-priced lawyer was to scare us into either settling or absorbing the expense of hiring our own lawyer, he miscalculated badly. We were confident that he would never be awarded such an absurd amount when his actual damages (by the most generous calculations) were only $9k. We relied solely on the very-competent lawyer hired by our insurance carrier and the common sense of a jury, and were very pleased when the plaintiff was awarded $9k, from which he had to pay his own lawyer.

 

[Zigner]

There was two vehicles ahead of me that change lane rapidly as they see the vehicle parked, and I'm the third vehicle behind them, we all going 65 mph, I hit it in spit seconds, it happen so fast no time to even brake or react, dark area of the freeway.

Exactly - you were driving irresponsibly. You didn't leave yourself enough room to be able to stop. It also now sounds like you were tailgating to boot.

...Highway patrol just do the reporting my fault, no investigation.

What is there to investigate? You ran in to a stopped vehicle on the roadway.