Legal Question in Personal Injury in California

My friends was in a car accident last year. She was driving on a road, found a parking spot backed up and was proceeding to park, when the driver behind her hit her. This man was inpatient as she was pulling into the parking spot and attempted to go around her, but it her. Her husband was going to file a police report, but the other guy (that hit her) had NO insurance and asked them not to. They have paid this man $310 dollars already and he still wants more. Her husband he a USMC and currently deployed, and its getting nagging message of how this man is going to sue them, and take them for all they have. My husband is also in the military, and they do NOT need this stress. So I'm asking you, what can I do to make this all stop. No police report was file, nothing in hand writing. What do you recommend?

Thank you for your time

Kayla


Asked on 3/25/11, 11:03 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

First of all, tend to your own business and let Your Friend seek her own legal help. I don't understand the facts as you've phrased them: Why on earth did they pay the guy who hit them? If they did pay him, they have settled his claim once and for all and his lawsuit should fail. His big lawsuit will also likely fail because he was uninsured. But why aren't they suing him?

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Answered on 3/25/11, 11:23 pm
Tony Carballo Carballo Law Offices

When things get that complicated then you need to let the courts handle the dispute. I am sure that it is going to be a small claims case if it ever goes anywhere so just let the other driver file the lawsuit in small claims and go to court. It will all get settled before the trial or the judge will issue a decision after a short trial and that will be the end of it. There are many more important things to worry about than a minor fender bender. By the way, never pay anyone anything to settle a dispute without putting it in writing and just stating that the payment is intended to settle all claims or damages.

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Answered on 3/26/11, 7:08 am


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