Legal Question in Civil Rights Law in California

Re: what can you go after when someone goes to jail?

First, she should file suit against him before the one year statute of limitations, because if she doesn't, she may not be able to be collect under her uninsured or hopefully under insured motorist coverage. She can get proof from the DMV that he was uninsured, or by some other means through the "discovery" process after a lawsuit is filed. However, she should contact a personal injury attorney as soon as possible to protect her rights. This is not something that you should try and do yourself to save a few bucks.

For future reference, another way to get damages from an uninsured drunk driver is through an order of restitution by the criminal judge who handled his drunk driving case. The district attorney should have contacted you/her in order to find out whether or not you suffered damages. As part of any sentence, the judge could have ordered restitution payments to the victim. From your letter, I am unsure as to whether or not it is too late in the process to make this request.

If you are in the San Jose area, I accept these types of cases and you can contact me at (408) 295-8282 for a free, no obligation in consultation.