I just read an article in the latest edition of Los Angeles Lawyer magazine by attorney Brian D. Langa. The article, Taken to the Cleaners Potentially Responsible Parties That Sign CERCLA Consent Decrees May Face Unexpected Claims From Non-PRPs, provides an excellent discussion for the practitioner on two levels.
First, for those lawyers who are in the category of novice when it comes to understanding the basic structure of CERCLA liability, the article provides a concise overview of the basic liability scheme, including the traditional (limited) defenses to liability and the creation of some new defenses by recent amendments (2002) to CERCLA.
Second, even for the seasoned CERCLA practitioner, the article provides a thought-provoking discussion about a potential loophole in the CERCLA contribution-protection scheme. The loophole could leave Potentially Responsible Parties ("PRPs") who settle their liability with the government in exchange for Section 113 contribution protection still facing liability to persons never designated as PRP's.
To my knowledge, this potential residual liability has been little discussed; and the CERCLA practitioner should be grateful to Mr. Langa for pointing out an issue that, in appropriate circumstances, should be brought to the settling client's attention lest the client after settlement encounter a nasty surprise.
The driver could have been eedulcxd for a number of reasons unlicensed, underage, drunk. It's a tough break but there you are. You are only legally required to have liability in LA, but sometimes comprehensive collision is a good idea. It's a tough lesson to learn the hard way, though.Yes, you should go to small claims court depending on the maximum $ you can ask for in your state. Small claims court is pretty easy to do and if the other driver has already been determined at fault you shouldn't have too much trouble pressing forward. Good luck. Edit:Also some states have an Uninsured Motorist pool that covers this kind of thing. It might be for medical claims only. Check your insurance policy to see if it's listed on your statement of benefits.
Posted by: Andrea | November 29, 2012 at 06:54 PM