Legal Question in Civil Litigation in California

You can sue the other driver, and you should win if you persuade the judge that the defendant is at fault. If the judge thinks you are at least partially at fault, the defendant will be held liable only for the percentage of your harm that she caused.

Of course, winning a judgment is not the same thing as being able to collect it. Many uninsured motorists are poor. If they had money, most of them would have bought insurance.

Attorney Hoffman is entirely correct. But check your own insurance policy to see if you have any uninsured motorist coverage; if your insurance agent never suggested such coverage to you, they you might have a claim agalinst him and the threat of a suit might cause the insurance carrier and him to pay you some money. If the insurance company, as it always does, tries to limit you to $15 per day, as that is all they pay to their insured under the damage coverage, point out that you are entitled to collect what you could collect from the thilrd party if they had assets, which is the actual cost of the rental. If the other driver was convicted of a felony as to the accident, you could also collect attorney fees from them, and thus perhaps you insurance carrier [it might be worth a try]. There also is a fund for victim of crimes that you might be able to collect from, but they normally run out of money befoe the end of the year.

Yes, please also include all other damages that you may have suffered. Perhaps the D.A. can enforce restitution to assure collection. Contact me directly.