I got hit from behing while stopped at a red light. I need information on how to sue.

Asked over 1 year ago - Huntington Beach, CA

Driver is driving his co-workers car. Neither are named on owner's insurance policy. Registered owner is girlfriend of co-worker. Her insurance denied coverage for the driver. I have a lawyer and my uninsured motorist coverage for my vehicle is covering medical, does not cover property damage. Damage to my car is 3300. It is my girlfriends car, we both have insurance on the same policy. What do I need to do to sue them (what steps do I take)? Who is more likely to be responsible (owner or driver)? Does my girlfriend need to be involved in this? Do I need to name all 3 of them, or just the driver and the owner?

Attorney answers (13)

  1. Daniel Joseph Podolsky

    Contributor Level 12

    24

    Lawyers agree

    Answered . Your first step should be to speak with your attorney immediately. Your attorney is in the best position to advise you on how to proceed with your claim. If you still have doubts or concerns after speaking with your attorney, you may wish to have a consultation with another attorney.

    Good luck!

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Randy William Ferguson

    Contributor Level 19

    22

    Lawyers agree

    Answered . You have a lawyer. They are suppose to know how to do a lawsuit. If they don't , you may want to change lawyers. These are basic lawyer issues. They should be telling you how it is done, not asking you how to do it. Sue everyone involved.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. Agavni Gina Hogtanian

    Contributor Level 10

    20

    Lawyers agree

    Answered . Since you have already retained an attorney, you should direct all of these questions to him/her. Your attorney may pursue all possible remedies through the insurance claims process and make the appropriate recommendations to you on whether or when to file a lawsuit and against whom. The answer depends on many facts and circumstances which are best left to a confidential consultation with your attorney, rather than a discussion on a public forum such as this one.

    Nothing in this response is intended as a legal consultation or advice on your particular case, and is provided... more
  4. Michael Charles Doland

    Contributor Level 20

    19

    Lawyers agree

    Answered . Your lawyer should be answering your questions. If unable or unwilling to do so, you need a new lawyer. Not using a lawyer does not, in my experience, save money or time.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  5. Kevin Coluccio

    Contributor Level 20

    20

    Lawyers agree

    Answered . You need to talk with your lawyer. Set up a meeting to discuss the issues that you have set forth and any others that cause you concerns.

  6. David J. McCormick

    Contributor Level 20

    20

    Lawyers agree

    Answered . Talk to your attorney, not us. You hired an attorney so ask them. Don’t go behind their backs and try second guessing them here.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  7. Cory Russell Weck

    Contributor Level 11

    15

    Lawyers agree

    Answered . Your claim is against the driver and the registered owner. Since you are represented by an attorney they should know who to name in any lawsuit that you file. However, if the third party carrier is denying coverage for the incident you are going to have a hard time collecting against the driver or owner personally unless they have significant assets. Good luck.

  8. Edward R. Yaghoubi

    Pro

    Contributor Level 9

    14

    Lawyers agree

    Answered . Since your girl friend is the registered owner, it is her property damage claim, and not yours. therefore, it is her who needs to file the action.

    Because the property damage was only $3,300, she can file it through the small claims department. I would name all three as defendants and let the judge rule on liability as among the three individuals.

    You can find all the forms on the court's website, including instructions. http://www.courts.ca.gov

    good luck.

  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . This is a question which your lawyer will probably be willing to answer for you. I am sure he does not want you doing things independent of his office which may somehow jeopardize your pending claims. Speak with your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . You have a lawyer, and we can't undermine that attorney. Switch lawyers if the lawyer is not doing his job.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  11. Michael Lynn Walker

    Pro

    Contributor Level 16

    14

    Lawyers agree

    Answered . This is a conversation your current attorney can provide the best insite too. They know all pertinent information relating to your case.

  12. Loc Hoang Pham

    Contributor Level 8

    10

    Lawyers agree

    Answered . You need to speak with an attorney to explore all your legal options and to fully protect all of your legal rights. Good luck

  13. Scott J. Corwin

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . You need to speak with your attorney regarding your concerns.

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