Legal Question in Personal Injury in California

Uninsured driver

My father was involved in a car accident in october and it is now August. He did not claim fault but his insurance did pay the other driver for their damages. No police report was filed because the other party were uninsured and they were very eager to leave before the police got there. All information was exchanged. At the time of the accident they agreed to pay for all damages. My father reported to his insurance and they said that they would pay for the damages of the others parties but not for personal injury because the other party was not insured. Now they are suing for negligence, 3 people times 25k dollars each. Is my father automatically labeled as the guilty party and required to pay. He did not even get served directly, the papers were left with a neighbor and were not delivered until a week later. Is it reasonable to say he was at fault since it was not established in a court of law?


Asked on 8/12/00, 4:45 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Uninsured driver

Your father needs to contact his insurance company immediately. They are required by law to provide a lawyer and defend his case for him. They filed a lawsuit to protect their rights because the statute of limitations expires one year after the date of the accident. Under the law, if they were uninsured they are only entitled to reimbursement of reasonable medical bills. Your father shouldn't worry about it though his insurance will take care of everything. Just make sure he contacts them and makes them aware of the lawsuit so they can file an answer for him. I hope this relieves some stress.

Sincerely,

John Hayes, Esq.

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Answered on 9/15/00, 4:21 am


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