Legal Question in Civil Litigation in California

Re: Car Accident, No Insurance, being Sued

In general a vehicle making a turn in front of another vehicle is at fault for the accident. Unless the motorcyclist sped up right after your husband started to turn and it was safe to do so before he sped up, your husband is at fault. The only issue is whether there is any comparative negligence.

A judge is not going to want to allow a trial on a $3,500 property damage case. Check with the clerk of the judge the matter is assigned to for trial or the presiding judge or the ADR administrator [Alternative Dispute Resolution] whether the judge is likely to refer the case to arbitration [retired judge or lawyer agreed to by both sides hold informal hearing and issues decision not aotomatically binding].

The insurance company does not want to go to trial either; offer $2,250 to settle. You can subpoena the owner to the hearing. You might want to hire an attorney to substitute in and write a sharp letter to the insurance carrier to make your offer; if you find an inexpense attorney that might cost $400 [but attorney should be in your local area so that insurance company thinks you will go to trial if they do not settle]. you might be able to save about $1,000 that way.

What the DMV does is not related to the civil case. If they are paying attention, they should permanently or at least for a long period of time remove his driving privileges. What is he doing driving on a suspended license [I assume that is what you really mean by saying he was on "probation"].

Re: Car Accident, No Insurance, being Sued

In general a vehicle making a turn in front of another vehicle is at fault for the accident. Unless the motorcyclist sped up right after your husband started to turn and it was safe to do so before he sped up, your husband is at fault. The only issue is whether there is any comparative negligence.

A judge is not going to want to allow a trial on a $3,500 property damage case. Check with the clerk of the judge the matter is assigned to for trial or the presiding judge or the ADR administrator [Alternative Dispute Resolution] whether the judge is likely to refer the case to arbitration [retired judge or lawyer agreed to by both sides hold informal hearing and issues decision not aotomatically binding].

The insurance company does not want to go to trial either; offer $2,250 to settle. You can subpoena the owner to the hearing. You might want to hire an attorney to substitute in and write a sharp letter to the insurance carrier to make your offer; if you find an inexpense attorney that might cost $400 [but attorney should be in your local area so that insurance company thinks you will go to trial if they do not settle]. you might be able to save about $1,000 that way.

What the DMV does is not related to the civil case. If they are paying attention, they should permanently or at least for a long period of time remove his driving privileges. What is he doing driving on a suspended license [I assume that is what you really mean by saying he was on "probation"].

Re: Car Accident, No Insurance, being Sued

If he hit you from behind, then he may have no case as a matter of law. I would have to examine facts. Contact my office if you want to hire me to write a quick letter to the insurance company, and email me the pictures and a copy of the complaint.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Car Accident, No Insurance, being Sued

If he hit you from behind, then he may have no case as a matter of law. I would have to examine facts. Contact my office if you want to hire me to write a quick letter to the insurance company, and email me the pictures and a copy of the complaint.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.