Legal Question in Personal Injury in California

Involved in car accident

I got into an accident last month and at the time of the accident the other party wasn't able to show me any evidence of registration or insurance but he claimed it was his fault and assured me that his truck was insured (which I think i BS). Also, the other party verbally agreed to pay for the repair instead of going thru his insurance. However after accident, he tried to avoid paying by giving some lame excuses on the phone.

What should I do? The damage is more than the value of the car?

Should I go file claim to my insurance (or his insurance) and then small claim for breach of contract?

Thanks


Asked on 1/06/06, 8:16 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Involved in car accident

Your insurance carrier is there (usually) to protect your own interests. Often, auto policies have a provision that would pay for damage to the car. Then, the insurance company would go after the other driver -- insurance or not. That's called "subrogation." Talk to your agent. Also, you will be required to file a form with the State, and if the other driver does not do so within a certain period, his/her license could be revoked.

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Answered on 1/09/06, 7:40 pm


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