Legal Question in DUI Law in California

Civil Damages related to a DUI

I received a misdemeanor DUI in March in which there were minor injuries involved. The driver of the car I hit received a ''swollen eye'' which required no medical attention and in the police report followup, his statement was that ''he is just fine''. I received a letter from my insurance company stating that a claim to litigation may be filed against me by the above party and that it is anticipated that I will be served a summons and complaint in the near future.

Is there a statute of limitations regarding how long after an accident they can file. And is there anything I should do now proactively to prevent this from being sued.


Asked on 10/03/04, 2:45 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Civil Damages related to a DUI

There is a two year statute of limitations for personal injuries. The only thing you can do at this time is to be sure not to discuss the incident with anyone. When the lawsuit is served be sure to immediately notify your insurance carrier and provide them with a copy of all papers with which you are served. Also record the date time and place of the service. Then follow the instructions of your insurance company and the attorney they retain to defend the case. If you do not feel comfortable with the defense that you are receiving you can request cumis counsel. this is an attorney who is retained to represent you, and will be paid for by your insurer. However, the cumis counsel must meet the requirements of the code section providing for cumis counsel.

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Answered on 10/06/04, 1:33 am


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