Legal Question in Personal Injury in California

YES! And let me be the first to say, it's lucky for you that the other driver was drunk. Every Californian is required to have auto insurance; if you don't, then you are not entitled to pain and suffering damages in any accident, even if it's not your fault. The ONLY exception is if the at-fault driver was convicted of DUI.

You have a very serious case that will almost definitely need a lawsuit. You absolutely must have representation, because the insurance companies will try to take advantage of you, without a doubt. I strongly urge you to contact our office today: michael@thelionslaw, or toll-free (877) LION-FOR-LAW (546-6367).

Definitely. Your lack of insurance means that you can not collect for any pain ad suffering or bodily injury. You can collect all your medical bills, car damage, rental car costs, etc.--any out of pocket expenditures. The problem is not getting a judgment but collecting on it. You need to find out if who owns the car, whether anyone was responsible for allowing him to get drunk, did someone let him use their car knowing that he was drunk or likely would get drunk, etc. If he is convicted of a felony, you can also collect your attorney fees from him.

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If you are the victim of a DUI accident, you should immediately speak with a drunk driver accident lawyer.

The general rule is that is you are injured in an auto accident, the at-fault driver is responsible for paying for your medical and car reparation bills. If you did not have insurance at the time, you ability to fully recover may be limited.

After a car accident it not unusual to have many questions. The first place to start is by speaking with a personal injury attorney in your state.

The Nolo legal directory is a great place to start.

Until you secure counsel, here is an auto accident checklist for you to follow.

As long as you can prove liability and get a judgment in court, the uninsured drunk driver will be responsible for your medical damages, property damage, and lost earnings (if he was convicted of a drunk driving offense, you can ask for pain and suffering). However, because there is no insurance on your part and the uninsured driver's part, collecting this money will be very difficult (as well as finding an attorney to represent you).

You should get auto insurance now (for the future) and make absolutely certain that you also have uninsured/underinsured motorist coverage (which would cover you in this situation).

Best of luck in your recuperation,

Rob

Let's face it, you're in a tough spot. But, you still have options. First, contact the investigating agency and find out who the District Attorney is. Talk to the DA and tell him or her to make sure not cut any deals with the drunk driver that may jeopardize or harm your situation any further. In other words you need this guy to be convicted of DUI. Second, give all your bills to the DA and make sure you are part of the restitution plan. In other words, if the drunk driver fails to make a payment he goes to jail and his probation is violated. Third, ask the DA's office if they will assist you with identifying defendant's assets (he might have assets). Fourth, contact California Victims Compensation Fund and make a claim for damages. They will give you money for your out of pocket expenses. Fifth, you don't need to hire a lawyer. Should you decide to hire a lawyer and sue the guy, do so ONLY after you have performed the above four steps and make sure you do not pay any part of your restitution money to your lawyer.

Good luck,