Legal Question in Personal Injury in California

Drunk Driver Hit me does not own car.
I was rearended by a drunk driver, his brother owns the car. Driver has insurance, they both live in the same household. I am having trouble getting information on owner of the car, and don't know if he had the car insured. Can I sue the driver and his insurance co.? What would be my best plan of action. My wife is still seeing the doctor for her injuries. The drivers insurance co. claims to be having trouble gettiing him to respond, and I am having trouble getting them (Ins. Co.) to returm my phone calls. I have the police report that list's the driver and his information. It also list's the owners name and that is all. Will DMV give all information on him so that I can pursue legal action against the owner? Thanks for you help.

Asked on 12/01/05, 8:12 pm

5 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: Drunk Driver Hit me does not own car.

You have a case. Give me a call or you can visit my website at www.thepersonalinjury.com

Norm

Answered on 12/03/05, 7:00 am

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Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Drunk Driver Hit me does not own car.

You can sue the driver and the owner but you cannot sue their insurance company, since it has not harmed you and has no contract with you. If your suit falls within the language of the insurance policies, then the insurer should cover the suit you file against its insureds.

For your purposes it doesn't matter whether the car itself was insured. Such insurance would only pay for repairs to that car, so its absence will have no effect on your position. Auto policies include liability coverage, which is where at least some of your compensation is going to come from.

Finding the defendants' addresses probably won't be very hard if you use one of the various on-line locator services or hire an investigator. Even if finding them takes a while, if you are under time pressure you can file suit even before you know where they are.

Answered on 12/02/05, 7:34 pm

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Rob Reed Law Office of Robert A. Reed

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Re: Drunk Driver Hit me does not own car.

The DMV can provide information as to whether the vehicle was adequately insured.

An investigator can determine the owner's name and address, and -- assuming that this accident was recent -- there is plenty of time to get that information.

You should consult with an attorney as soon as possible, who can get the ball rolling on all of the above.

Answered on 12/02/05, 7:52 pm

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Michael M. Marzban, Esq. Bob M. Cohen & Associates

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Re: Drunk Driver Hit me does not own car.

You may have a very good case because an owner of a vehicle is responsible for not allowing the wrong persons, i.e. negligent drivers from driving that vehicle. This type of cause of action is called negligent entrustment and it may be a difficult case to prove, but it is still possible. Either way you need an attorney. My firm works on a contigency fee and we have recovered over 500 million dollars in settlements and verdicts. Although we can't guarantee any particular result for your case--we have the experience and the muscle to get the best done for you. Give me a call.

Answered on 12/09/05, 10:33 pm

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