Jose suffered a broken shoulder, ankle, and a laceration to his abdomen. He was a passenger. Sadly, Jose’s driver, Luque, and the front seat passenger died in the crash.

Defendant’s big rig argued that Luque was intoxicated while driving. Luque crossed the centerline and caused the head-on collision. The other car that was hit were victims—not perpetrators.

Jose argued that Luque was working for Del Mar Food and driving their big rig. Del Mar stated that Luque was commuting home while driving Jose as his passenger. Del Mar argued that Luque was not working for them at the time.

Jose is a fault-free passenger. But he could not blame the other car in the head-on collision, because his driver was drunk and caused the accident. Jose tried to go after his driver’s employer.

But Del Mar was protected - Jose was not actually working, but going home. Under the doctrine of the going-and-coming rule, they were immune.

To settle the case, Del Mar offered $30,000 to end litigation. Jose’s injuries are easily worth hundreds of thousands of dollars.

PRO TIPS

• Many lawyers assume that when a big rig is involved, there’s over $1M in insurance. Not always true. If the at-fault driver is merely going home, the owner is usually immune.

Jose v. Luque et al

Santa Cruz Superior Court | May 8, 2024

Lewkovich offers a master class with a simple, easy-to-use formula for understanding typical insurance adjuster behavior. It’s well worth examining... and comparing to your own PI cases.

For example:

#1 – Deny:

Few things are easier for an adjuster than sending a denial letter - whether for the entire case or just for Med Pay. Most of the time, it’s a pro forma move just to see how you’ll react. Don’t buy it. We don’t at first glance.

#3 – Decrease:

They claim your charges are excessive. You’ll hear things like “These charges have been previously reviewed...” But you know what’s customary and reasonable. Again, don’t buy it.

To request your copy of Dr. L’s report, email John Tawlian.

When a Fault-Free Passenger Still Gets Burned

Jose’s case is a textbook example of how fault-free passengers can get stuck with lowball offers when there’s no clear target with deep pockets. Chiropractors: your role becomes even more important in these scenarios. Detailed injury documentation—especially for fractures and long-term impairment—is essential to build value in cases with limited liability. When a patient’s legal options are boxed in by doctrines like the “going and coming rule,” your records may be the strongest leverage their attorney has to fight for a better outcome. Treat like it’s a million-dollar case—even when the offer is thirty grand.