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Need some new legislation for injury victims

  • Published: December 13, 2013

Two car accident injury cases. Both heartbreaking.

In one, a family vehicle is broadsided and driven off the road. The occupants suffer sprains, strains, broken bones, PTSD and many more minor injuries. The cause, a blown out tire on another car. The recovery? None. Why? It wasn’t the other driver’s fault. They had maintained their tires like they should, and the blow out was simply bad luck. Their insurance didn’t have to cover it.

In the second case, a single driver is hit from behind and suffers disk injuries to his cervical and lumbar spine. The cause? Another driver had a stroke and became unconscious behind the wheel. The recovery? None, again because it wasn’t that driver’s fault. Again, just bad luck and the insurance doesn’t have to cover it.

Even worse, no claim could be made using the drivers’ uninsured/underinsured coverage that required, in both cases, that another driver be at fault, but either have no insurance or not enough insurance. And so, both insurance companies get away free, and two sets of innocent victims are left to suffer without compensation.

Solution: Legislation requiring California Insurance companies to make available coverage for these “no fault” situations. A plus for them, I suppose, as it provides another product they can sell alongside UM/UIM coverage. But also an opportunity for California drivers to protect themselves from these types of unavoidable situations.