Legal Question in Personal Injury in California

Motorcycle vs new Van accident. I'm insured, the van isn't.

I did not have uninsured motorist coverage. (I do now) The police report claims I ran the red light (I did not), but was not cited. It also claims I was ''for report purposes determined to be mostly at fault based on where the impact occurred in the intersection''. I also gave a detailed statement, and this was largely glossed over in the report along with an understatement of damages to my bike.

My opponent has a history of moving violations, and provided fraudulent insurance information to the reporting officer.

I was moderately injured with a fracture and lacerations, was unemployed at the time of the accident, and was disabled for over four months.

I hired an attorney on a contingency basis, and he has since withdrawn from the case because ''the defendant appears to be uninsured''.

It's been nine months since the accident.

My question: Is this a case a competent attorney would consider taking? If so, who, and if not what are my options?


Asked on 10/14/01, 3:47 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Motorcycle vs new Van accident. I'm insured, the van isn't.

You must either settle your case or file a complaint and have summons issued not later than one year from the date of the accident. If you do not file the complaint within that time limit you will lose the right to attempt to recover damages from the other driver.

Your have about 3 months in which to accomplish either a settlement or file a complaint. Waiting to the last can be hazardous as you may inadvertantly miss the last date for filing the complaint.

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Answered on 10/17/01, 2:32 am
Ken Koury Kenneth P. Koury, Esq.

Re: Motorcycle vs new Van accident. I'm insured, the van isn't.

Almost any attorney would take the case as long as you are able to pay him. Just hire an attorney at an hourly rate instead of contingency. No big deal. The other option is to represent yourself.

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Answered on 10/16/01, 5:41 pm


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