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I was injured in a car accident, CHP report states other driver at fault, how can i recover loss of my vehicle?

Calexico, CA |

Driver at fault had no drivers license, vehicle had expired registration, CHP report does show a registered owner to the vehicle. I only had liability insurance at time of accident

Attorney Answers 6

Posted

The California Vehicle Code allows you to go after the registered owner of the car (for up to $5,000 in property damages).

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Posted

I would consult with an attorney. It is important to evaluate all issues.

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Posted

You can pursue the registered owner of the vehicle for damages. To determine if the owner had insurance, you should file an SR-1 Report of Accident with the DMV and then follow up in about 30 days with an SR-19 request for insurance information on the vehicle. If you were injured, you should retain an attorney to do all of this for you.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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Posted

Up to 5k, but if you were injured, retain one of the personal injury lawyers in your state above.

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

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Posted

First I suggest you get uninsured motorist coverage on your own vehicle, in case this happens again. That does not help you know however. You did not mention if the other driver had auto insurance but I am assuming they do not since they had no driver's license and expired registration. You will have to sue the at fault driver directly since there is no insurance to collect from. You would sue for both your property damage and your injuries. If less than $10,000 total it can be done in small claims court. If it's over $10,000 you will have to go to superior court and most likely will need an attorney. Weather you can get an attorney will depend upon the assets the at fault party has and whether it is worth pursuing. Perhaps a letter from an attorney to the at fault party to pay you a certain amount (ie. settle) would do the trick? Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

For automobile accidents, the issues surrounding insured/uninsured, licensed/unlicensed, fault/not at fault, and such are quite complicated, and if there are physical injuries involved, there can be quite a sum of money at stake but there may be medical liens to contend with. Fortunately, a good personal injury attorney will identify all of these issues and address each one. One of the goals of the attorney will be to identify sources of recovery - that means locate the pockets... these pockets may be in the coat of the driver, the owner, the insurance company, an employer of the driver, etc. Since personal injury attorney generally offer free consultations, there is nothing to fear when calling us.

- Paul

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.

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.

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