Legal Question in Personal Injury in California
Hit by an uninsured driver
Hello, I have a question regarding an auto accident with an uninsured driver. Two weeks ago my friend was hit by an teen uninsured driver. My friend's car was totally wrecked. The car she was driving was a used car with a market value of approximetly $5500. Is it possible to file a lawsuit against the uninsured driver (or his parents) for the damage of the car? The authorities were notified and the other side admited with their fault. Its the first time my friend has been in an auto accident and any advice would be helpful. Thanks.
3 Answers from Attorneys
Re: Hit by an uninsured driver
Your friend can file a lawsuit against the uninsured driver, but even if the suit is successful, the chances of collecting on the judgment may be small. Depending on the age of the uninsured driver, there may be a suit against the driver's parents based on a "permissive use" theory of liability. If your friend had insurance, your friend should contact his/her own insurance carrier to address the issue of compensation for the value of the car. In any event, the issues that you are raising can be legally complicated and your friend should consult with a lawyer. Please let me know if I can be of any further assistance to your friend.
Re: Hit by an uninsured driver
your friend may need to file a claim under her own uninsured motorist coverage. she should retain an attorney to do this.
if she has no such coverage, you CAN sue, but your chances of collecting after a judgment may be severely restricted.
please feel free to have your friend call with specifics.
daniel king
818 587-9299
Re: Hit by an uninsured driver
First, does your friend have collision coverage or UMPD on his own policy? If so, that could take care of things--although UMPD (uninsured motorist-property damage) may not go up to $5500.00. And Yes, your friend could sue the driver and registered owner of the other vehicle.