Okay -- as an attorney, I can explain what's going on here.
There's a 2 year statute of limitations in California. What probably happened is this old guy has been working with the insurance companies for both Brandy and the lady who died. If he's still treating for his injuries (and thus, his medical expenses are not definite) then he wouldn't settle until he's finished going to the doctor. But as the statute of limitations approaches, he has to file a lawsuit or the insurance companies won't pay for his medical expenses because he blew the deadline. Filing suit before the statute runs is called "preserving the statute" and it's how you keep your claim open. Trust me, if you don't, the insurance company will NOT pay you even though their insured is at fault.
As for suing both Brandy and the dead lady, a jury would decide how much fault would be apportioned to each driver. Brandy would probably get the lion's share, like say 95% for causing the accident (it could even be 100%). Depending on how much fault gets assigned, that's how much each insurance company has to pay towards this guy's final bills.
This is actually totally legit. Don't feel too bad for Brandy. This is what insurance is for, and most likely she has insurance.
There's a 2 year statute of limitations in California. What probably happened is this old guy has been working with the insurance companies for both Brandy and the lady who died. If he's still treating for his injuries (and thus, his medical expenses are not definite) then he wouldn't settle until he's finished going to the doctor. But as the statute of limitations approaches, he has to file a lawsuit or the insurance companies won't pay for his medical expenses because he blew the deadline. Filing suit before the statute runs is called "preserving the statute" and it's how you keep your claim open. Trust me, if you don't, the insurance company will NOT pay you even though their insured is at fault.
As for suing both Brandy and the dead lady, a jury would decide how much fault would be apportioned to each driver. Brandy would probably get the lion's share, like say 95% for causing the accident (it could even be 100%). Depending on how much fault gets assigned, that's how much each insurance company has to pay towards this guy's final bills.
This is actually totally legit. Don't feel too bad for Brandy. This is what insurance is for, and most likely she has insurance.
Go Chuck!!