Legal Question in Civil Rights Law in California

car crash and burn

a car passed over into my lane on canyon, going too fast. He told police n chp it was his fault and gave insurance info and address. my 06 honda element had no insurance, i got ticket and towed. turns out his insurance was cancled at time of accident, he wont answer calls i put 16 thousnd down, owe honda 11 thousand can i civil suit without a lawyer


Asked on 5/15/07, 6:47 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: car crash and burn

Sure you can. But, do you know how to do it effectively and successfully, following the rules of evidence and court procedures, going up against a defense lawyer? If not, then use an attorney if you expect to survive the process. Your next problem is whether he has assets or anything to collect from. If not, you're probably only going to get a piece of paper [judgment] by default, not money. IF you think he actually has anything, like house, income, etc., then feel free to contact me to discuss the facts, and your rights and remedies in bringing suit. I'm surprised you have a new car without insurance. You now know why you need it, including full value uninsured motorist coverage - 1/4 the cars on the road in CA are uninsured, despite the law.

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Answered on 5/15/07, 7:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: car crash and burn

Whether you are able to successfully prosecute a civil suit for your property loss, either by yourself or with some assistance from a lawyer, depends on your skill level and/or comfort level with the courts. It's too big of a lawsuit for small claims court. Your chances of success also depend on whether the defendant has, or is likely in the future to get, money or assets.

If you owe money to Honda Finance or some other financial institution, there is no way they would have approved your auto loan without their having comprehensive/collision insurance to protect them (not you) from the loss. Write (don't call) and ask the financing entity if this is true, and if the answer is no, don't believe them. They would be reimbursed for the amount of the loan and (assuming the vehicle is a total loss) you would not have to pay this sum; and ownership of the damaged auto would revert to the financing entity. You are lucky you weren't seriously injured, because your foolishness in not having liability insurance means your ability to sue for bodily injury is severely limited.

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Answered on 5/15/07, 7:19 pm


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