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


Asked on 8/04/04, 11:33 am

4 Answers from Attorneys

A. Russell Martin Law Office of A. Russell Martin

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

_________________________________________________

DISCLAIMER: MARTIN & McPHERSON, Attorneys at Law, (hereinafter �Attorneys�) are responding to your internet solicitation for legal help. If you did not solicit our help, please delete this e-mail and immediately contact our office to advise that you do not want further communication. This reply does not constitute legal advice. Attorneys cannot render a considered legal opinion based on the limited information provided, so you should not rely on the general legal information contained herein, which may or may not be applicable to your case. Attorneys cannot guarantee a particular result for your case and nothing in this e-mail constitutes a representation regarding the merits of your potential claims. Moreover, this reply is not an offer for professional services. Attorneys will not take any action on your matter and no professional relationship will exist until Attorneys and all prospective clients sign a separate written fee contract according to subsequently negotiated terms. Please be further advised that the law imposes strict time limitations for filing civil actions (�statutes of limitations�). Statutes of limitations are often very short and all potential claims will be lost forever if you fail to file them with the court or appropriate administrative agency in a timely manner. Consequently, you should immediately contact Attorneys or another lawyer to fully protect your legal rights.

A. Russell Martin, Esq. (SBN 226244)

MARTIN & McPHERSON

Attorneys at Law

3925 Spring Hill Road

Petaluma, CA 94952

Phone: (415)364-1604

E-Mail: [email protected]

Read more
Answered on 8/09/04, 4:33 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

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.

Read more
Answered on 8/09/04, 4:42 pm
Daniel King Law Offices of Daniel King

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

Read more
Answered on 8/09/04, 5:40 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

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.

Read more
Answered on 8/10/04, 10:15 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California