Legal Question in Insurance Law in California

Father being SUED after DUI now disabled

Father in DUI, Probation Expried.Now being sued under their unsurance company's name for the 'limited civil case' amount $25,000 + interest.Need advice on how to proceed, summon was recieved 2 months ago.A 'type written response in proper legal form' is requested,but a letter is not accepted, what is the difference?What will happen now after the 30 days has passed.I will lose the case anyways if i get a lawyer can i go to court without one? We are already out of money as it is.Father has no assets of his own, the car was only under his name, and now he is considered mental disabled and on SSI benefits with nothing to lose but his monthly check.I've been advised to accept the judgement since its only under my father's name and they cannot take any of his SSI money. If this is also proper please advise me of the steps. How can i contact them or the court for a new court date or find out the progress of their law suite.I have sent them a letter informing them of my father's condition to advise them to drop the law suite will they consider it? How much would it cost for me to get an attorney to handle this in a quick and low cost manner?


Asked on 7/10/02, 4:08 pm

1 Answer from Attorneys
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Father being SUED after DUI now disabled

Is their auto insurance on the vehicle that was involved in the accident? If so -- or if you're not sure -- send all the documents you have received to the insurance company immediately. The insurance company has a duty to defend the lawsuit on your father's behalf if liability insurance is in place.

Though you believe that you will "lose" the case, there are always issues regarding damages (i.e., the amount of money that can be recovered by the other side), and you need legal representation to help assist in minimizing the potential damages.

Unfortunately, if there is no insurance to cover the defense, legal representation will be expensive (i.e., at least several thousand dollars, and probably more).

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Answered on 7/11/02, 2:47 pm


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