My husbands car was hit yesterday by some lady. Her license was suspended and she did not have car insurance. I found out her license was suspended because she was in a accident a month before. Cops came took report but they said there is nothing my husband can do but pay his own deductible. My question is why do he have to pay the deductible when it was her fault. I live in Sacramento Ca. Can you please help and tell me California law. Thanks so much.
Personal Injury Lawyer
If she doesn't have insurance, chances are she has little to no assets/money. Therefore chasing after her may be a waste or your time and resources. You certainly can sue her and then collect on the judgment, I'm just not sure its worth your time. Best of luck to you.
This is general advice and does not establish an attorney-client relationship.
Personal Injury Lawyer
Your husband should do the following: Call his auto Insurance co. to see if uninsured motorist property damage is covered. If not, get a couple free estimates to get an idea of the cost. Then, call the lady and explain situation and see if she is agreeable to pay for the damage. If no success, send a demand letter enclosing the repair estimates and demanding payment within 14 days. If that doesn't work, then file a small claims action (which can be done on-line) If successful, then your husband will have a judgment against the lady and can
then try to collect. But if the lady is judgment proof (no way to get $ from her) then it could all be a waste of time. So, it just depends on the amount of property damage and the likelihood of recovery. Good luck
Car / Auto Accident Lawyer
Do you have uninsured motorist?
Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Car / Auto Accident Lawyer
This is a more and more common occurrence!
The basic answer to your question is that your insurance policy is a contract. That contract says that it will pay you---minus a deductible. Since the other driver does not have insurance you need to get it directly from them. For such a moderate amount, you have a fair chance of getting the money from them by going to small claims court.
Now---on to the really important stuff! Check your policy not only for Uninsured Motorist Coverage, but for UMPD (Uninsured Motorist Property Damage). If you have it---your deductible will be covered! In order to secure the coverage, you must first file a DMV SR-1 form with the Department of Motor Vehicles. 45 days later you file a DMV-SR-19. This will give you and YOUR insurance company the level of proof you need in order to establish uninsured motorist coverage.
In addition, by filing these forms, the person that hit you receives the punishment or penalty for putting YOU through this!!
Best of luck!
Car / Auto Accident Lawyer
If she has little to no assets to pursue, then you will want to file an uninsured motorist claim with your insurance company. Too many drivers are driving in California without proper insurance and it is unwise to drive without uninsured motorist coverage. For over 20 years, I have represented countless clients in uninsured motorist claims against their own insurance carriers, and my clients realize very quickly that their insurance carriers do not want to pay them a dime for their injuries and expenses. I would strongly recommend that you consult with an experienced uninsured motorist accident attorney to review your case and examine your options moving forward. I hope that I can be of greater service.
Medical Malpractice Attorney
Because the law only provides penalties to those drivers who cruise around without any insurance and because the law requires only a small pittance of coverage anyway and because a trip to the emergency room for some diagnostics and some prescriptions can cost as much as a Bora Bora vacation... many people find out... after a car accident... that they themselves end up paying for the damages... to car and body... that said, there is often the option of suing the tort feasor (that's law school lingo for wrong doer)... though people who have no insurance are often what can be called judgment proof... meaning no job, no assets, and no way of being collected from. Small claims court is the place of choice for trying to collect the deductible should one want to make a point.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92883
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
1 found this helpful
3 lawyers agree