Legal Question in Personal Injury in California

My parked vechicle was rear ended by a drunk driver. I do not have insurance and do not know anything about the drunk driver except he was arrested. My vechicle is not drivable. I was told I have to wait 2 weeks for a police report. What are my options?


Asked on 9/28/09, 7:46 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Make sure to document everything wrong with the vehicle, including taking photographs and obtaining a report from a reputable body shop. Have the vehicle repaired, and save your invoices. Once you obtain information about the driver, you can file a lawsuit for property damage against the driver. Also, the criminal court might require him to make financial restitution to you.

And please don't drive without carrying insurance.

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Answered on 9/28/09, 7:57 pm
Steven Kuhn Steven Kuhn

Even if you do not have insurance on the car, you are entitled to recover against the other party's insurance, if any. Document the damage to your car, including estimates for repair and photos of the damage. If you cannot afford to fix the car yourself, you can wait until you find out more about the other party. Even though the police report may not be complete, they likely will give you all information on the other party as well as indicate if he was insured. If the damage was less than $7,500 you can make a claim in small claims court. If the other party is convicted of felony drunk driving, you can also get attorney fees. Report the matter to the District Attorney handling the criminal action and ask him to ask for restitution as part of the criminal proceedings.

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Answered on 9/29/09, 11:49 am


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