Legal Question in Personal Injury in California

Re: Auto Accident Injury (Possible No Insurance)

Going after a drunk uninsured driver is usually futile--it'll go nowhere. You have all applicable coverages on your policy plus any health ins. you may have. given all the facts you gave, you'll need a PI atty to help you with insurance, medical and property issues. Your own company becomes an adversary to you and will try to settle for as little as possible. If you are in the Orange County area, I'll be glad to give you a free consult to determine the best course of action. Sam Eagle 714-963-5123

Re: Auto Accident Injury (Possible No Insurance)

If the defendant is, indeed, uninsured, you can make a claim against your own insurance if you have uninsured motorist coverage.

Additionally, if you have the appropriate insurance, you may be able to have your own insurance pay for the repair of your vehicle.

Your insurance, if they pay you any money, will then go after the uninsured defendant for reimbursement.

If you do not have the above coverages, you will have to go after the uninsured motorist yourself.

If you need assistance, please do not hesitate to contact me for a free consult.

Re: Auto Accident Injury (Possible No Insurance)

It is possible that the driver did not have insurance, then, (as another lawyer responded) you would then have a claim against your own uninsured or underinsured motorist coverage. Check your policy for the limits of coverage. Uninsured motorist law can be complicated and can involve multiple legal proceedings, possibly a civil lawsuit as well as one or more arbiration hearings.

It is also possible -- you just don't know yet -- that there might be a source of recovery (money) because the drunk guy a) had insurance; b) has property or money in addition to insurance; c) has a 2nd insurance ("umbrella") policy; d) can be claimed as being on the job, working for some company with money or insurance, in which case the company would be liable; e) was handed the keys to the car by someone with money or insurance who knew or should have known the person was drunk or was a habitual drinker (a "negligent entrustment" claim); f) was underage and was served alcohol by some person or entity with money or insurance; or g) did not cause the accident, the accident was really caused by loose lug nuts put on at the garage, or a defect in the road, or some other cause that you would only find out about with a good and thorough investigation.

Also, if the guy was criminally charged for causing a drunk driving accident with injuries, which is a felony in California, and he is convicted, you have a "trial preference" law that would guarantee you a speedy trial within 90 days, this usually gives the insurance companies an incentive to settle. Drunk drivers are usually also liable for "punitive damages" that can be collected throughout their lifetimes and cannot be avoided, for example by filing for bankruptcy.

Keep good records of your wife's medical bills (including prescription drug expenses); time lost from work; keep a diary of all medical symptoms such as aches and pains; YOU keep a diary of any distress YOU suffer because your wife is unable to perform activities she used to be able to do (yes, YOU may also have a case for "loss of consortium"); and do not talk to anybody from the insurance company or sign anything until you have consulted with an attorney in whom you have confidence.... and yes, I have handled many similar cases and I would be glad to be of service. You should retain an attorney without delay, as the passage of time will hurt your case.

And I am genuinely sorry that this happened to your wife and to you.

Re: Auto Accident Injury (Possible No Insurance)

Both attorney's above posted very good responses. The bottom line is that you need to look at the declaration sheet of your insurance policy to see if you have (1) Medical Pay or med pay for short, (2) Comprehensive & Collision (Comp&Coll.), and (3) Uninsured Motorist Coverage (UM/BI). If you have Comp & Coll. then your insurance company will pay for your property damage. If you have Med Pay then they will pay for your medicals up to the policy limits. The most important is UM/BI or uninsured motorist coverage. Your UM/BI will cover you up to your policy limits in the event that the driver at fault in the accident is uninsured. Just because someone is legally drunk, does not mean they are at fault. I recently got a drunk driver who was convicted of drunk driving a 30k settlement because they were not at fault. Fault determination is the key here because one of the insured cars may have been at fault. If you want a free consultation you may give me a call on my cell phone this weekend at 818-427-6246. I very quickly can tell you where you stand and what your options are.

Thanks,

Norm

Re: Auto Accident Injury (Possible No Insurance)

Hire an attorney and sue all related parties on a theory of comparative negligence.

Re: Auto Accident Injury (Possible No Insurance)

Dear Sir:

I am very sorry to learn of your wife�s accident. I have little to add to Mr. Stone�s comprehensive posting except to emphasize the importance of getting professional assistance to pursue these personal injury claims. Tragically, many people discover this after it is too late. It sounds like the facts surrounding your wife�s accident are complex so more information is required to determine exactly who caused the accident and what insurance policies and assets that are available to compensate you and your wife. I would be happy to help with your case if you are in the Bay Area. Contact me for a free consultation. My phone number is (415) 364-1604 and my e-mail address is [email protected]. You can find out more about my services at http://www.lawguru.com/users/law/litigator/index.html.

Remember that insurance company representatives may seem friendly, but they are only interested in paying you the least amount you are willing to accept. This is why you must never make statements to insurance representatives without first consulting an attorney.

Also, be advised that your claim can be lost forever if you fail to file it with the court in time. This is true even if you are in the process of negotiating a settlement with the insurance companies. Lastly, be sure to gather and preserve all evidence regarding your accident including, without limitation, (1) photos, x-rays and scans of your injuries; (2) photos, diagrams and other documentation regarding the accident scene and property damage; (3) police and medical reports; (4) contact information for witnesses; etc.

There is a reason why professional licensing is required to litigate cases. Legal issues involved in personal injury claims can get complicated if you lack the requisite knowledge and experience. Consequently, it is imperative that you get the strong, aggressive representation you need to win. I am available to help if you want.

Best of Luck,

Russ Martin

(415)364-1604

[email protected]