Legal Question in Personal Injury in California

auto accident with 3 individuals
Auto accident new years 2002, hit parked vehicle, house, and oncoming vehicle while drunk and driving someone else's car. Individual said he had insurance. we filed claims. Insurance company sent adjusters. Now insurance company says they don't have to pay because individual was not insured. Was told had 5,000 policy would have to prorate but now they say they don't have to pay. Individual was arrested on dui 2nd offense but released from jail. How can we be reimbursed? I have old car which doesn't require collision so I only had liability my car was totaled? worth $10,000. House damage:2,000 other vehicle 10,000 damge. Insurance company refuses to pay on policy but won't provide proof that policy had lapsed. Can we sue insurance company, driver and owner of vehicle? to get money back? How do we do this. Any lawyers who would take our case? we live in california.

Asked on 6/04/03, 1:48 am

4 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: auto accident with 3 individuals

Thank you for your inquiry.

From the limited information you've provided, I'd say you do have a case. Keep in mind that you only have one year to sue for personal injuries, so if this happened New Year's Eve (December 31, 2002), it may not be too late, but if it was New Year's Day 2002 (January 1, 2002), you may have a statute of limitations problem as to part of the case.

There are several avenues you can pursue to obtain recovery of your damages, including the insurance company, the uninsured motorists fund, or other sources.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

Answered on 6/05/03, 1:33 pm

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Joel Selik www.SelikLaw.com

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Re: auto accident with 3 individuals

Look to your insurance, auto or homeowners (not likely to work)

or sue adverse driver.

Joel Selik

www.SelikLaw.com

Answered on 6/04/03, 8:50 pm

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Terry A. Nelson Nelson & Lawless

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Re: auto accident with 3 individuals

You have to sue the driver. Without insurance coverage, collection is from him personally. If he has recoverable assets, then suit may be practical. Call me to discuss his status, as that is the only real problem.

Answered on 6/04/03, 9:07 pm

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