Legal Question in Personal Injury in California
Do my wrongs make all his faults right?
I wasinvolved in an accidentdriverwasobviosly atfaultpolice made report.witness statment etc I regret to sayI was driving on a suspended lisc.Hepulled directly in front of me,going fast.Cartotalled.my boyfriends insurancehas lapsed(his car)Becausesuspension and ins.lapseWe owe on car,two wrongsTHAT DOESNT MAKE HIM RIGHT!Can you help us? He was driving someone elses car.Dr said sprained rfoot and Lknee neck and shoulders have sincebecomeunbearable=addition=Have since contacted lawyer,been seeing a chiropractor4 times thisweek,spokewithinvestigator etc.Receivedcall from him this a.m. stating it wasnt worth his time to persue.He said he sent out a letter to the owners and has received noresponse so itspossible they have noinsurance and notworth his effort.Ispoke with him last Mon.TodayTues.shouldn't he have given it more than a week,they have prob.justreceived it don't you think?He said he would take the case ifWE found out they did have insurance.Besideswaiting for(10 day)DMV how else canwe find this info.Pleaserentalcaris killing us financially.Thank You
3 Answers from Attorneys
Re: Do my wrongs make all his faults right?
Thanks for your question. If the other side has insurance, you may have a case. Since your boyfriend did not have insurance, you are stuck with Proposition 213. You will be limited to only your medical bills, car rental and lost wages. Your boyfriend would get his vehicle repaired or a fair market replacement amount. However, I don't know what to say about the rental, but if the other side did have insurance, it may cover the cost. I will review the police report with you and discuss the matter at no cost. Please fax it to me at (714) 639-6712. Thank you.
Re: Do my wrongs make all his faults right?
Keep trying to contact the other driver--his insurance (if any) should cover this, and your damages from the accident. Unfortunately, because you didn't have insurance, you will not likely get any recovery for pain and suffering damages (the amount above your out of pocket expenses), meaning it will be difficult to find an attorney willing to take this case. Be aware that there's a one-year statute of limitations for personal injury (six months if you're claiming against a government entity), so your chance to file any lawsuit expires after one year
Re: Do my wrongs make all his faults right?
There are investigative agencies which we use in these types of cases that will find very quickly whether the car was insured or not. But it costs money.
About your rental hardship, I don't know where you are located. However, if you are near San Fernando Valley, there is a rental agency whereby you can rent for as low as $6.99. Check them out at www.699rentacar.com
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
