Legal Question in Civil Litigation in California

Re: no insurance

You need to investigate into whether there was in fact any insurance by the other driver. He may have overlapping polices. Also, you need to see if there was another owner(s) and their insurance, if any. Otherwise, your best bet is to go after your own insurance co. under an Uninsured Motorist scenario. That is, ONLY if you had this coverage. If you did, you will have to now go after your own ins. co. and they will not be on your side. They may underestimate your damages and try to nickel and dime you. You really need an attorney to investigate all of your options. Feel free to contact me.

Thanks for your question and good luck.

Re: no insurance

Good luck! Your situation happens EVERY DAY. The only way you can recover is to file a lawsuit and then, IF you win, HOPE that they have assets from which to get your money; usually they don't and you end up even WORSE off, because you have spent the time and paid the money to sue someone who is "judgment proof.". If a person has no license, he is not likely to have assets out of which you can get paid your money--you are basically out of luck. There are thousands of illegal immigrants in this state who cause loss like this to lawful drivers every year.

Re: no insurance

If the driver was not the owner of the vehicle, you can sue the owner for negligent entrustment. Perhaps the owner has insurance (or money). I second my colleague's comments, though. If immigrants were permitted licenses, perhaps more would buy insurance.

Re: no insurance

If you have uninsured motorist coverage, have your own insurance company pay for your damages and injuries, and then let THEM go after the other guy. If he didn't have insurance, he probably doesn't have a lot of money, either.