Legal Question in Civil Litigation in California

Unable To Sue Over Traffic Accident

I have two questions.

One of my co-workers said that she was broadsided 20 years ago by a 16-year-old Vietnamese girl who was brought over to this country by our government. The government was paying for her education and purchased her auto insurance, paying only the minimum amount needed ($15K) to meet the law. She ran up $300K in medical bills because of the accident and was told she couldn't sue the driver because she had insurance. Was this true back then? And has it changed since that time?

My other question concerns a driver who damaged my daughters car two years ago. He had no insurance and according to the collection agency, has no assets either, so nothing was ever collected.

I was told that the agency cannot report him to the credit bureaus. Is this true?


Asked on 9/24/05, 7:43 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Unable To Sue Over Traffic Accident

Well, there was no bar against her suing, but being able to collect is a different story. No assets=out of luck. She could have mad a claim on her own uninsured motorist coverage.

As for you daughter's car, it isn't a consumer debt. However, you can sue and a judgment WILL show up on the credit report if you file a judgment lien at the county recorder's office.

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Answered on 9/24/05, 10:23 am


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