Legal Question in Personal Injury in California
Auto Accident Liability
I was in an auto accident where someone rear ended me so hard it smashed both ends of my car. The car was a brand new BMW 8 days old. I have made 3 car payments and it is still in the repair shop. He did not have insurance and mine is covering everthing including medical bills. I want to know if I can file a small claims suit for him to re-imburse me my car payments or what other recourses I have to get him to be responsible.
Thank you
4 Answers from Attorneys
Re: Auto Accident Liability
Hi,
Based on the described damages, I would not recommend small claims court. You need a lawyer. Contact me at (415)364-1604 if you want help with this matter.
Very truly yours,
Russ
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A. Russell Martin, Esq. (SBN 226244)
MARTIN & McPHERSON
Attorneys at Law
3925 Spring Hill Road
Petaluma, CA 94952
Phone: (415)364-1604
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Re: Auto Accident Liability
With regard to property damage, generally the person at fault would be liable for either the repair bill or the value of the car if it's a total loss. Also, your car rental and collision deductible, too. But the other guy may not be responsible for your car payments just cause you didn't have use of the car for a few weeks. You could try small claims and see what the judge says but as a plaintiff, you have no right to appeal. On the injury side, are you getting the proper therapy? Did you have UM coverage to go beyond just the medical bills? If you are in the greater Orange County area, I'd be glad to give you a free consultation to see if you're doing all the right things. Call at 714-963-5123.
Re: Auto Accident Liability
hi,
in a case like yours, i would hope that you have some sort of UM coverage on your own policy. any lawyer, certainly including myself, would look there first in this situation. until you know, if you have not already given a recorded statement to your own carrier, wait. if so, don't worry, it's done.
please feel free to call. would be happy to discuss your situation.
Daniel J. King
LAW OFFICES OF DANIEL J. KING
Warner Center Plaza
21700 Oxnard Street, Suite 530
Woodland Hills, California 91367
(818) 587-9299
fax (818) 587-9292
Re: Auto Accident Liability
Based on the facts that you have presented it appears probable that you have suffered some injury to you body. Your insurance, unless waived in writing, you would have uninsured coverage. Uninsured motorist coverage will pay for your bodily injury. Before you take any further action consult with an attorney.