Legal Question in Personal Injury in California
Hit by un-insured ,suspended for dui ,drunk driver
Three months ago a driver who was on suspension for a previous DUI, rammed into my car and he was drunk. Can I take him to court and make him pay for damages to my car? If so who do I call?
3 Answers from Attorneys
DUI accident w/o license for prior DUI
Yes, you can take him to court, but you should first make a claim against his insurance company (assuming he has one). Sounds like a pretty irresponsible guy. Please feel free to contact me directly if you need further assistance!
Lawyer not needed
Just call the courthouse and ask them for the forms you need to file a case in small claims court.
File your lawsuit within one year
If he has insurance, file a claim now, but in no event wait longer than one year to file a lawsuit. Even though the staute in California for property damage only may be longer, take no chances and file before the first anniversery of the accident. The small claims limit is $5.000.00 so you most likely do not need a lawyer unless the damage is more than $5,000 or you have personal injuries. Good Luck, but don't wait.
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