Legal Question in Personal Injury in California

Re: Accident with both of us not having insurance

Sue both father and son. Same answer for your passenger.

Re: Accident with both of us not having insurance

You cannot recover for your personal injuries as you were uninsured. You can recover for your property damage and medical bills. You passenger should sue. This is not uncommon that an attorney will drop a case that actually requires work. First, a driver of a vehicle owned by another is insured by the policy of the car owner. The owner of a vehicle is vicariously liable for up to $15,000. A case may be able to be made out against the father for negligently entrusting his vehicle. There may have been contributing factors to the accident such as dangerous road conditions or malfunctioning equipment on one or both of the cars. Looking for other defendants is also part of the job. You should know that your passenger can and probably should sue you as well.

Good luck.

Re: Accident with both of us not having insurance

Your passanger should definitely sue you and you should stop speaking with her attorney who has a conflict of interest in representing both of you. Ther may be no insurance coverage is the son normally uses the car and the insurance company was not told. The ower is liable for the first $15,000 in damages. The general approach is to sue anyhone who might have some liability, and certainly if they have some money.

Re: Accident with both of us not having insurance

You should sue both the driver and the father. The father's liability is limited, but you can pursue a case against him.

Interestingly, I am not sure why the attorney would drop the case. The insurance follows the vehicle and the son should be insured on his father's car.