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I need legal advice on suing an uninsured drunk driver that crashed in to my parked car causing over $8k in damages.

Chula Vista, CA |

Earlier this year on January 19th, 2012, my parked car was crashed in to over night by a drunk driver. It was a hit and run accident but the driver was caught a couple blocks down the street and arrested. The arresting officer made a report of which I have a copy stating what happened and that the driver was at fault. In this document there is also the driver's information which I used to contact his insurance, Progressive.

After contacting them they told me that the insurance was under his wife's name and that this person was an excluded driver. At the time of the accident, my insurance had been canceled due to being past due on payments. Regardless, I only had liability coverage and did not have uninsured motorist insurance. I know I waited a long time but what should I do?

The $8k is from an estimate I received from Mossy Nissan collision center of which I have a copy. How much would it cost me to have an attorney help me with starting a case if I have any?

Attorney Answers 7

Posted

Small claims court is an option. Please get insurance! You not only put yourself at risk by driving with no insurance, but you put others at risk.

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Posted

Thanks for the advice. I am insured, except at the time of the accident I was't aware I was uninsured. I had my insurance payment on Auto Pay with my debit card, I lost my debit card and forgot to register the new card on auto pay. Causing my account to go with out payment for 2 months and being deactivated. That issue was corrected but regardless I had only liability with out uninsured motorist coverage.

Posted

Your problems is mostly caused by lack of your insurance on your personal vehicle. I would suggest that you always carry the proper insurance for any vehicle you own. However, regardless of your insurance the other driver should be held responsible for their actions. You need legal representation in this case. It is in your best interest to call and make an appointment immediately to resolve the problem..

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.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

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Posted

It is unlawful in California for you to drive without vehicle insurance.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

I know it's unlawful. It caused my registration to get suspended as well. I had my insurance payment on Auto Pay with my debit card, I lost my debit card and forgot to register the new card on auto pay. Causing my account to go with out payment for 2 months and being deactivated. Regardless, it was due to my ignorance that I was uninsured and it's not an excuse.

Posted

Not necessarily a "DUI/Criminal Defense" question. Contact a locally experienced civil attorney ASAP as there are usually filing deadlines for such claims.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

You should contact the prosecutors office in the courthouse where the drunk driving charges were filed, most like in Chula Vista. Normally as a part of any sentence the person gets for drunk driving is to compensate the victim (you) for any damage that was done. It may be easier if you hire an attorney who can assist you with this.

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Posted

You should consider pursuing this matter in small claims court, particularly if you weren't in the vehicle and fortunately, you were not injured. You should also get caught up with your own insurance policy, as others have suggested.

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Posted

Hi,

I agree with all the responses here. The best route is a small court claim but be realistic here. He did not have insurance in all liklihood because he cannot afford it as was the case with you. So going to court will not necessarily produce an award if he is judgment proof. Perhaps you can obtain the judgment then seek to garnish his paychecks assuming he makes a regular paycheck from an employer.

I wish you the best,
Frank
LanternLegal.com
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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