SAN DIEGO, Feb. 22, 2011 /PRNewswire/ -- Injured pedestrians who were affected in the Stingaree nightclub accident may not receive a settlement for their injuries. As the catastrophe struck San Diego nightlife on Feb. 13, a reported total of 36 pedestrians were injured, including one woman whose leg was almost severed at the knee.
While controversy surrounds the car accident case, the public is abuzz with talk of appropriately compensating the injured pedestrians. However, there may be zero to very little compensation available for those injured in the Stingaree crash.
In order to collect a settlement in an injury lawsuit, there must be three necessary components:
- The accident must be the other person's fault
- Someone involved in the accident must have suffered an injury
- There must be an available party who can pay for damages
While the first two components are an obvious part of this case, the last necessary element may be missing--and it's cornerstone to collecting money for this type of accident.
Who will pay for this San Diego injury accident? The injured usually look to insurance companies to cover medical bills, pain and suffering, disfigurements, and more. But, if the injured are counting on the cab driver or the cab company insurance to foot the bill, they may be in for a disheartening surprise.
Uninsured Motorist Coverage, Interpreted
A taxi cab company like Emerald Cab may or may not be not responsible for the pedestrian injuries due in part to a possible independent contractor relationship with the cab driver. If the injured pedestrians find they are unable to sue the cab company, they may turn to the taxi driver for compensation.
While it is unknown how much insurance the cab driver or cab company in fact carried, California insurance minimums require coverage of only $15,000 per individual, or $30,000 per accident. If the cab driver carried only minimum insurance coverage, some individuals may only walk away with as little as $100 for their injuries.
The exception occurs when an injured pedestrian turns to their own uninsured motorist coverage for additional recovery.
Protect Against Future Injury Loss
The public is urged to reconsider their own uninsured motorist coverage and consult with their auto insurance company to find out the benefits of increasing limits.
About The Law Offices of Michael Pines, APC:
Since 1992, personal injury attorneys at the Law Offices of Michael Pines, APC have been fighting for the people. Michael Pines, founder, is an ex-insurance attorney with unparalleled knowledge of how insurance companies work. The firm is an adversary against insurance companies who may advertise themselves as good guys, but actually profit by taking advantage of injured people.
Ruth Kagchelland, Director of Public Relations
The Law Offices of Michael Pines, APC
Phone: (858) 551-2090
SOURCE The Law Offices of Michael Pines