Legal Question in Personal Injury in California
Accident
This is a follow up question to one that was asked previously and answered(thanks). My son was responsible party in an auto accident that hit a pedestrian that was crossing a main street(not using cross walk). The pedestrian was hurt and is suing my son. He had no insurance and currently has no job. He is 19 years old and is the sole register owner of his vehicle. What could be the worst case scenerio of this pending suit?Should he obtain legal advise via a short meeting paying a consultation fee?
3 Answers from Attorneys
Re: Accident
Your son should consult with an attorney. The other party could file a lawsuit anyway. Or, if the other party has uninsured motorist coverage, that insurance company will make a payment and then could sue your son or refer it to a debt collector.
You can read about the tactics of the insurance companies in these situations at my blog, www.calpiblog.com
Re: Accident
Despite that your son may be judgment proof (meaning he has not assets which can be collected/liened), that does not mean he is out of the woods. The injured party may nonetheless sue if they are not aware of his financial condition.
Your son should consult with an attorney to discuss numerous issues, including possible bankruptcy filing if sued and negotiating with the DMV for license suspension/revocation for driving without a license.
[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]
Re: Accident
Worst case scenario: he has a judgment taken/obtained against him which can result in a judgment lien good for 10 years and renewable until he does get a job or assets, etc. It draws interest at 10% per year.
He should obtain counsel who can inform the other side's counsel of his uninsured and impoverished situation and perhaps have the matter dropped. He should not allow a default to be taken against him by ignoring the matter.