Legal Question in Personal Injury in California
Car Accident -- Other driver no insurance, expired license
I was in a car accident on 11/9. The other driver ran a red light. After the police were called (no injuries) they informed me the other driver had expired license and doctor's orders prohibiting him from driving (he is 80yrs old). He had been ticketed before. My insurance found out that his policy is inactive. My insurance has exhausted all resources to contact him and he is not responding. What can I do to have him pay the damages.
4 Answers from Attorneys
Re: Car Accident -- Other driver no insurance, expired license
The owner of the car may be liable for your damages. Check the owner of the vehicle. If a family member provided him with the car that family member may be liable. Get a copy of the police report and consult with an attorney.
Re: Car Accident -- Other driver no insurance, expired license
Unfortunately, any defendant in a lawsuit must be successfully located, in most instances at least, in order to serve process on them in a court action. If you have any relevant information that could lead to finding this person, then you should consult with an attorney or private investigator in locating him. If you would like further assistance in this matter, contact us directly.
Re: Car Accident -- Other driver no insurance, expired license
Time to sue for some gross negligence. Give me a call.
Re: Car Accident -- Other driver no insurance, expired license
If you had uninsured motorist coverage (for injuries and/or property damage) under your own policy, you can recover against your own carrier. Also, if you had medical coverage, you can also utilize that to pay your medical bills, if any (you said "no injuries" above). Otherwise, if you did not have UM coverage, you are out of luck and your only option is to sue the other driver directly. Of course, look into whether he has assets to pay any judgment you may obtain against him. Good luck and thanks for the question.