Legal Question in Appeals and Writs in California

Writ of Adminstrative Mandamus

My situation was my vehicle was ''suspected'' of being involved in an accident where the only witness to the alleged incident was inside a bar and saw nothing other than my vehcile parked infront of theirs, but only saw that when they came out from the bar after hearing they alarm of their car, which was parked on a very busy boulevard, go off! As this incident was next to my place of employment and not wanting to create an hostile enviornment I decided to settle the matter outside of insurance companies. After an attempt extortion by the owner of the other vehicle; by them asking for a riduculous amount of money; I decided to settle with the insurance company for $500.00 which was accepted and an ''Release of Liability'' was issued to me. Estimates were provided citing damage cost of over $750.00, but again they were only estimates.

What are my chances of obtaining a stay on the decision of the department (Writ of Adminstrative Mandamus) when there are no real witnesses who can testify to actually witnessing my vehicle striking the other, unsigned accident reports, photographs where damages are invisible to the naked eye, and damages settled for less than $500.

Dmv suspended license for failure to have insurance a the time.


Asked on 1/29/09, 11:37 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Writ of Adminstrative Mandamus

I'd say your chances are pretty slim. The issues you raise all go to whether the accident was your fault, not whether you had insurance at the time. The suspension was due to the lack of insurance, not the accident. I don't see how the issues you describe would even be relevant to a challenge of the suspension, much less how they could win the case for you.

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Answered on 1/30/09, 4:56 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Writ of Adminstrative Mandamus

You either didn't have insurance, or you didn't file an SR-1 within 10 days after the accident, so your license was rightly suspended. You didn't get any legal advice before agreeing to pay a settlement for an accident you say you weren't even involved in. So your question belongs in the category of Whining. I would be happy to take your administrative mandamus case, but I'll quote you a fee you can't afford.

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Answered on 1/30/09, 12:23 am


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