Legal Question in Personal Injury in California

What can legally happen after a 4 year old car accident?

4 years ago, I was between insurance and got into an accident, uninsured. The case was a fifty-fifty chance but my lawyer dropped me because under prop. 213, there was no money. He misrepresented me in the arbitration before dropping me and I have no idea what court matters went on after. I had to call the other party's lawyer to find out but he didn't get back to me. I know I was not at fault but have not proven it. Now 4 years later, I need to know what can I do to protect myself from any legal action or collection action of the other party and their lawyer? And what legal papers can I file to help my case.


Asked on 8/03/99, 2:39 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: What can legally happen

there can be no collection action unless a judgment is against you. Go to the court and have them pull the file and see if there is a judgment and the status of the case if no judgment. Have the clerk make a copy of the file for you and take it to a lawyer for further action if needed.

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Answered on 8/05/99, 12:17 am
John Hayes The John Hayes Law Offices

Re: What can legally happen after a 4 year old car accident?

Hopefully the defense attorney just dropped the case and assumed you went away. Since it doesn't sound like any collections actions have been taken against you this is probably the case. However you do not want an open case so what you need to do is go down to the court house get a copy of your file and then you can hopefully file a motion for dismissal based on failure to prosecute. If you need someone to help you out or consult you on the procedure please feel free to contact me at 888-5Netlaw. The call and consultation are free. I look forward to hearing from you.

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Answered on 8/05/99, 1:33 am


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