Legal Question in Personal Injury in California
On January 1st my car was rear ended by someone with Infinity Insurance. The driver was an excluded driver on the policy, so I was not covered whatsoever. The first thing you might think is to just pay the deductible on my insurance. I did NOT have any insurance. I was not driving my car, my ex-boyfriend who I now have a restraining order on was driving it without my knowledge. I was storing my car in my garage until the next day when my insurance with Infinity Insurance as well, kicked in January 2nd. The damages in the back is estimated between 5000 to 7000 dollar (went to Chevrolet, I have a Chevrolet Malibu 2012). Can I do a lawsuit against the driver or the owner of the car that hit me to make sure he pays for my repairs? And another thing, I don't have the money to hire an attorney, where can I find a pro bono attorney in Los Angeles (I live in Culver City)? Someone please help me, I just want to get my car fixed... I'm an international student so I'm not familiar with how lawsuits etc works here in this country.
4 Answers from Attorneys
The other driver may have been excluded from the owner's policy, but that doesn't mean you're out of luck. He may have insurance of his own. He may also be able to compensate you out of his own pocket.
You can sue the other driver, but I don't know if you will win. He might not be at fault. Your ex might be at least partly at fault, so you may need to sue him too.
Bear in mind that winning your lawsuit does not guarantee that the defendant(s) will be able to pay.
Few lawyers would take a case like this pro bono. But you can bring it in small claims court, where parties aren't even allowed to have lawyers.
Whatever court you bring the case in, you will need to prove how the accident happened. Since you weren't there, you will need someone else to testify as a witness. That will probably have to be your ex, which will be problematic if you sue him.
Before you sue anyone, you should send them a letter demanding payment. If they have insurance, they should pass the letter on to the insurer. The insurer, in turn, should try to settle with you.
Your ex-boyfriend might also be responsible since he (apparently) took your car without your consent. In any event, file your claim against the other driver (and maybe your boyfriend as well) in small claims court. Good luck
A small claims lawsuit can be filed for any amount up to $10,000 and you will not need (and cannot have) an attorney. Because small claims lawsuits are meant for people without attorneys, the process is purposely relatively straightforward.
The Los Angeles Superior Court website has some helpful information about how to file such a lawsuit, and there are even phone numbers to call for assistance. Here is a link: http://www.lasuperiorcourt.org/smallclaims/ui/
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