Legal Question in Personal Injury in California
I have a few questions dealing with an accident I was involved in. The person who hit me was DUI and it's their 2nd within 10 years. They declined the breathalyzer when they were arrested. The police report gives no fault to me for my accident.
My questions are:
1) Most likely it seems like my recovery will be through UM. From what I've read, punitive damages can not be claimed against my own insurance company. What would be the correct way to go about trying to obtain punitive damages?
2) Is there anything I need to do in terms of the criminal charges/case that will be brought against him?
2 Answers from Attorneys
You could pursue punitive damages in small claims court, but you will be unlikely to collect, because the defendant probably has no assets.
The DA will contact you if you need to do anything with the criminal case.
Yes you are right can't get punitives in a UIM situation but may enhance value at settlement or arbitration.
If you were hurt then you should get a lawyer to help you. You will get more money even after paying their fees than if you did it yourself. As part of deal they could help with suit against drunk. If he has little $ then maybe small claims is way to go but you will be limited to $7500.00
As far as your criminal case is concerned talk to the DA as they are the ones who control the criminal case, and whether or not they will prosecute him.
Good luck and if you have any further questions give me a call at (866) 981-1850 for a free consultation or visit our website at www.bellilawfirm.com.
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