Legal Question in Civil Litigation in California

Re: Uninsured motorist

Only someone whose legal interests have been harmed can sue in a situation like this. It sounds like your agreement with your mother-in-law is rather informal; if that is the case, then you probably don't have enough interest in the van to bring the suit yourselves. She would have to be the plaintiff, but you could still pay the bills and be the principal witnesses.

There are a few things you need to keep in mind before you begin. First, in order to win your case you need to prove that the other driver was at fault; just showing that he wasn't insured is not enough. Second, if you were partially at fault any judgment will be reduced to reflect your proportionate share of the fault.

Third, the measure of your damages is not "the remaining balance" you say you are seeking. Instead, it is either the amount by which the value of the van decreased or the cost of repair. If you owed more on the van than it was worth, you do not get to wipe out that debt at the other driver's expense.

Fourth, people who don't have car insurance are usually people who don't have money, so you may not be able to collect any judgment you obtain. You should carefully evaluate whether the costs of bringing the suit will be justified in the end.

Finally, attorneys won't work on a contingency basis unless they believe they will collect enough money to justify their work, so unless you can show that the judgment will be collectible you will have to pay an attorney by the hour or make do without one. If you don't get an attorney and the case is brought in your mother's name, then your mother will have to make the court appearances, sign the documents, take the depositions, etc.; you will not be allowed to do these things for her since that would amount to practicing law.

Re: Uninsured motorist

If your mother-in-law had any Uninsured motorist insurance, that would apply in this case. If you have received any payments for the vehicle,

you can try and negotiate with the lender to pay it off in full. Otherwise, Mr. Hoffman's answer is right on point. The property damage statute of limitations is 3 years from the date of the accident. Thanks for your question and good luck.