Legal Question in Personal Injury in California

I signed a lease for a car on behalf of my ex-boyfriend about two and a half years ago. About 6 months into the lease, he totaled the car while DUI, and had his insurance lapse, thus I was liable for the lease, hospital fees (other driver) and property damage that he caused. While I have paid off some of the damages, I have had the lease go into collections, thus ruining my credit. I have been patient with him for some time now to repay me, but right now, I think there will be no resolution unless I sue. What kind of reparations (if any) can I expect to receive if I go to court? And what are the chances that I will win? Also, I have heard that judgements of damage done under a DUI are not bankrupt-able, is this true?


Asked on 7/15/11, 12:26 am

2 Answer from Attorneys
Tony Carballo Carballo Law Offices

It was your responsibility to maintain insurance on the car as required by the lease and as owner you were legally liable for the damages up to a certain level in California but the one that caused the injuries and damages was your ex-boyfriend and he is liable to you for what you had to pay. You can sue your ex-boyfriend for the damages you had to pay but collecting if you get a judgment would likely be hard and the judgment would be dischargeable in bankruptcy since you were not physically injured as a result of him driving while DUI. Your own liability for the lease payments and damages the other driver would be dischargeable in bankruptcy if you file since you were not the drunk driver. You need to consult with bankruptcy attorney about your options to eliminate your debts and with a civil law attorney about suing your ex-boyfriend. Unfortunately, the chances of collecting and the cost of suing him might not warrant suing him.

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Answered on 7/15/11, 1:19 am


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