Legal Question in Personal Injury in California
Find information
If i know the individual who caused the auto accident was arrested at the scene is there a way to find out what happened to him afterwards so i can file suit in small claims court against him. I don't know if he is in jail or out on the street free. Can i sue the insurance company if he doesn't pay?
5 Answers from Attorneys
Re: Find information
If you are a party to the accident (it sounds like you are), and a police report was taken, contact the agency and request a copy of the report. It should have information to lead you to the criminal court which had jurisdiction (ie: case number or citation number). The other responses are helpful as to how to obtain the records. Thanks for your question and good luck.
Feel free to contact me with any questions.
Re: Find information
You can check the Court log for the person's name and you can contact the District Attorney, as victim you have rights.
One would not sue his insurance company but him, and his insurance company would provide a defense and compensate you.
If he had no insurance, a "lawsuit" would be brought against your insurance company.
Joel Selik
www.SelikLaw.com
800-894-2889
Re: Find information
Dear Sir or Madam:
I am sure by now you have received numerous responses some with very valuable advice. I am however curious about one thing, why is it that you asked a question to Lawguru on 6/10/03 yet it was posted on 7/1/03? The gap seems to be unreasonably long. I am most interested to know whether before posting your inquiry on the Lawguru's bulletin board if any one contacted you regarding the merits of your case. If it is not much trouble could you please either call me (323)782-0099 or drop me an e-mail and let me know.
On a side note, if you need free legal advice about your afore-mentioed case, do not hesitate to call me or my colleagues on Lawguru who have already responded to your question. Thanks a lot for your anticipated reply.
Re: Find information
Criminal proceedings are public records. If you go to the court where the person had the criminal proceedings, you can find out from the clerk. You also may have a right to resititution. You should contact the victim witness program on this issue. You can also sue him in small claims, or if your injuries are more serious, in Superior Court. Please contact me if you have any other questions or need an explanation.
Steven R. Kuhn
Law Offices of Kuhn & Belz
28202 Cabot Road
Suite 215
Laguna Niguel, CA 92677-1248
(949) 364-0600 Ex. 101
(949) 364-0606 (Fax)
www.kuhnbelz.com
Re: Find information
Thank you for your posting.
You can find out about the criminal case status by visiting the criminal court clerk where the case was filed, or heard.
The law doesn't allow you to sue an insurance company directly, but you can file a claim with the insurance company, and once you sue the defendant and win a judgment, the insurance company has a duty to pay on behalf of the defendant, up to the amount of their policy.
I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.