In 2008, Yolanda Quihuis and her husband, Robert, were involved in a vehicle collision when a 1994 Jeep Cherokee driven by Iliana Bojorquez struck their vehicle, causing injury to both occupants.
The Quihuis filed suit against Bojorquez, but soon found that the case would be far more complicated than a run of the mill auto accident lawsuit.
The Jeep Cherokee driven by Bojorquez had been recently purchased by her mother, Norma Bojorquez, who was still making payments to her co-worker Carol Cox from whom she had purchased the SUV and who still held the vehicles title.
Cox and Bojorquez previously agreed Bojorquez would pay the $3,000 sale price in eight monthly installments and Cox would hold the vehicle’s title until all payments had been made.
While Bojorquez’s daughter was at fault in the collision, the questionable ownership of the vehicle and uncertain liability added a layer of complexity to the proceedings. Cox and her husband had not yet canceled the insurance coverage on the Cherokee until a week after the accident, according to court records.
Under the terms of a joint settlement, the parties agreed the car still legally belonged to the seller at the time of the accident, as full payment had not been made. This left the injured party, Mr. and Mrs. Quihuis to pursue damages from Cox’s insurance company, who denied coverage on the grounds that ownership of the vehicle had transferred before the auto accident occurred.
The Arizona Supreme Court summarily ruled that State Farm Mutual Automobile Insurance Co. is allowed under state law to deny liability based on its claim that the car’s ownership had transferred before the accident in the face of the agreement reached among the families.
In 2009, the Quihuises reached a settlement with both the Bojorquez and Cox families totaling $350,000. The settlement split blame between the two parties, stating the Cox families owned the Jeep at the time of the accident; Bojorquez’ daughter “was incompetent to drive a motor vehicle” and the Bojorquez’ knew or should have known this fact. The default judgment was entered by an Arizona state court.
Sadly, this was not the end of the Quihuises’ legal woes. The couple’s continued lasuit against State Farm contends the insurer cannot litigate the issue of vehicle ownership as it had breached its duty to defend the Cox against the Quihuises’ claim.
This case exemplifies just how complex and multifaceted an automobile accident lawsuit can become. And the more complicated a case becomes, the longer it could take to reach completion.
As a case drags on, the financial pressure to settle for a lesser amount grows as daily living expenses and medical bills mount.
Securing a lawsuit loan can help alleviate these financial burdens.
Arizona lawsuit loans, also known as settlement funding, or lawsuit funding, provides cash in advance for plaintiffs in Arizona and other jurisdictions to help them through the financial hardships of an extended court proceeding. Lawsuit loans are not traditional loans but instead non-recourse financing. As such, credit checks and employment history are not factors in the approval process. The only concern for a settlement funding lender is the strength of a case.
Acquiring lawsuit loans requires no upfront fees and cash provided can be accessed in as little as 24-hours. And unlike traditional loans, the borrower of lawsuit loan is not required to pay anything until settlement is received or a judgment is rendered. Should the plaintiff lose their case, no repayment is required.
For those involved in a auto accident lawsuits, securing lawsuit loans could help to outlast and receive a better judgment or more substantial settlement. An auto accident lawsuit can put a serious strain on your finances; get help with lawsuit loans.