Parked Vehicle Struck Into an Occupied Motorhome

Attorney Answer

You have claims against the driver and his insurer for all three vehicles and for your injuries — but the motorhome being uninsured is a real risk to one part of the claim, and you should hear it from this page rather than from an adjuster.

Start with the risk. Cal. Civ. Code § 3333.4(a) bars recovery of non-economic losses — pain, suffering and similar harms — by a person who was the owner of a vehicle involved in the accident when that vehicle was not insured, and by an operator of a vehicle involved who cannot establish financial responsibility. Whether a parked, uninsured motorhome that was being slept in counts as a vehicle involved in the accident for that section is exactly the kind of question that decides whether pain and suffering is on the table at all, and it needs a lawyer looking at your facts. The section carries an exception in subdivision (c), but it reaches only a person who owned the uninsured vehicle involved in the accident, and only where the other driver was convicted of driving under the influence. Economic losses are not barred by it.

Those economic losses are the bulk of what you described. Cal. Civ. Code § 3333 measures tort damages as the amount that will compensate for all the detriment proximately caused, whether or not it could have been anticipated. Repair or replacement of the truck, the RV and the travel trailer, the loss of the use of them, and your medical treatment all sit inside that measure.

On fault, Cal. Civ. Code § 1714(a) makes everyone responsible for an injury occasioned to another by want of ordinary care. If the insurer tries to put some share of it on you, California uses pure comparative fault: in Daly v. General Motors Corp. the California Supreme Court reaffirmed and applied that system, under which an injured person's recovery is reduced in proportion to their own lack of reasonable care rather than eliminated. Lawfully parked vehicles are not usually where fault is found.

What he did after the impact is a police matter, not something you have to prove. Cal. Veh. Code § 20001(a) requires a driver involved in an accident resulting in injury to another person to stop immediately at the scene, and Cal. Veh. Code § 20002(a) imposes a stopping duty after an accident resulting only in property damage. You already called the police; that report is now part of your file.

The insurer has deadlines. Under Cal. Code Regs. tit. 10, § 2695.5(b) it must give a claimant a complete response within 15 calendar days of a communication that reasonably calls for one. Under § 2695.7(b) it has 40 calendar days after proof of claim to accept or deny, in whole or in part, and under § 2695.7(c)(1) it must write to you every 30 calendar days if it needs more time. If the truck is a total loss, § 2695.8(b)(1) requires the cash settlement to be based on the actual cost of a comparable automobile including applicable taxes, one-time transfer fees and the remaining registration, and § 2695.8(b)(6) applies those standards to third-party claims like yours.

What you can do

1. Get examined for the back and body pain now, and keep every record; injuries from being thrown out of a bed are often reported late.

2. Get the police report number and request a copy.

3. Photograph all three vehicles before any repair or towing, from several angles, and keep the photographs of the RV off its jacks.

4. Open the claim with his insurer in writing and ask in writing for a written acceptance or denial.

5. If the insurer goes quiet, file a complaint with the California Department of Insurance — Cal. Code Regs. tit. 10, § 2695.5(a) gives a licensee 21 calendar days to respond to a Department inquiry.

6. Ask a local attorney about Cal. Civ. Code § 3333.4 before you accept any offer or sign any release.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Injury claims run on the two years given by Cal. Code Civ. Proc. § 335.1, and the claims for the vehicles run on Cal. Code Civ. Proc. § 338(c)(1)'s three years. When each period started depends on your facts, so have a local attorney check the dates rather than relying on the insurer's timeline.