Legal Question in Personal Injury in California

5 years ago someone backed into the front of my car. Because I didnt see any damage i allowed them to leave. I recently found out that I had a hold on my license and a judgement for me to pay $64,000. I checkd out what it was all about and the person who hit me was sueing me for the car accident.(that wasnt my fault) I was never severed anything regarding it and only found out when I went to try and register my car. I filed a Default Judgement Motion which stated that I was never in the accident, yet when I went to court I did in fact remember who it was and explained that to the judge, but he denied my motion. Now that I am aware of what happened and I did have car insurance at the time and it wasnt my fault what type of motion do I file to be heard again?


Asked on 9/03/09, 12:02 pm

2 Answers from Attorneys
John Gibson

It depends on how long ago the person got judgment. You should do one (or both) of two things: 1) Hire an attorney to help you get out of this mess and/or 2) contact your insurance company to see what type of help they can provide.

Please let me know if I can help you further with this.

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Answered on 9/03/09, 12:22 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The best thing to do would have been to get a lawyer before you tried this on your own. Having already lost a motion for relief from default your options are limited. If you act *very* quickly you may be able to seek reconsideration of the denial. Otherwise you may need to seek relief in the Court of Appeal, where your chances will not be great.

Whatever you do, get a lawyer to make sure it is done right.

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Answered on 9/03/09, 11:01 pm


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