Legal Question in Civil Litigation in California

insurance (automobile) carrier for adverse party

Seeking damages for their insured party (rear-ended my wife,no police fault found, bumper scratch damage only to vehicle of adverse party) seeking $8000 in medical for 4 parties (total) in her vehicle (Yukon)impacting our Honda Accord which damaged driver-side rear door only (no insurance in force on our part at the time(due to lag of office problems-ins issued Mon., collision on Fri.). No injuries to the 4 parties in front car, our Honda, making a left hand turn in the left hand lane. Statements taken from both drivers, no moving citations issued other than late issue and fine for no ins in force. Only minor damage done to (our) front car (Honda) door (only) and no injuies to occupants (driver,spouse,54 yrs, daughter 29 yrs, twin girls: 6 yrs. Claim amount by their ins carrier (Allied) all cited as vehicular damage on paper & verbal statement explanation to me that St. of Ca. Law would NOT ALLOW their itemization and only lump sum as veh damage allowed. [Whatza?] Would an Affidavit of Truth and Habeus Corpus (no previous statement for future ''demand to satisfy party'' of their payout to their insured should be sufficient for Estoppel to Action of(their)Demand to collect from us? Or, which forms in pro per? Or hire counsel?


Asked on 8/19/06, 6:36 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: insurance (automobile) carrier for adverse party

Affidavit of Truth and Habeas Corpus? Ha ha. You had no insurance due to lame non-excuse of "lag office problems." You wagered you would not get in an accident, you lost. Insurance would have provided you with a free lawyer to defend. But no, you have to either pay their demand, defend a lawsuit in pro per, or else hire a lawyer.

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Answered on 8/29/06, 12:20 am
Robert Mccoy Law Office Of Robert McCoy

Re: insurance (automobile) carrier for adverse party

If a lawsuit has already been filed against you, you need to file an answer before it is too late. If it is too late, i.e., they got a default or judgment, then you need to set aside the judgment or default with a motion--or you could file bankruptcy. If you do nothing, you can expect your driver's license to be suspended, your bank accounts emptied, and your wages attached. Learn from your experience. Don't let another "delay in processing" cause you to lose your license and all your money in the bank. I would be happy to assist you. I can discuss several payment options with you.

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Answered on 8/29/06, 2:49 pm


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