In California do you need to hire an attorney if you've been hit by a drunk driver?

Asked about 2 years ago - Colton, CA

My parents were rear ended by a drunk driver on the freeway. Their car (completely paid off) was totaled and they were injured. The drunk driver was arrested. My parents being self employed, are worried about loss of wages and personal property that was damaged in the wreck. Should they hire an attorney and sue for damages? Or should they wait for their insurance company to resolve the matter?

Attorney answers (7)

  1. 17

    Lawyers agree

    Answered . Hire an attorney. the insurance company is not concerned about your parents as much as they are concerned about their bottom line. An attorney is hired to look out for their best interests but will charge a percentage of any amount recovered. The car will be reimbursed by their insurance company but everything else will be the subject of negotiation/litigation. Your parents need someone to look out for their interests.

  2. 16

    Lawyers agree

    Answered . Yes as already mentioned, consult a PI attorney firm in your area.

    Contributions on in no way create an attorney-client relationship nor are they intended to be relied upon... more
  3. 15

    Lawyers agree

    Answered . My suggestion is get an attorney to fight for your rights against the insurance company. Your parents can get treated and even get money they lost for not working. Feel free to ask me any questions.

    Elliot Zarabi

  4. 13

    Lawyers agree

    Answered . People don't need to get attorneys to represent them, you can do it yourself. Would you get the same results? probably not.

    You should contact a PI attorney and consult with him/her immediately. You may contact our office for free consultation, if you like to discuss the matter in more details, I can meet you somewhere closer to your residence. You don't need to come to us, we can come to you.

  5. 11

    Lawyers agree

    Answered . They should definitely hire an attorney which will investigate all of the facts of this case and hopefully have them compensated as well for their pain and suffering, which seems to be a lot in this case! I have handled many of these cases before and I'm free to answer any questions that you may have.

    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 less

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  6. 12

    Lawyers agree

    Answered . You parents should hire a personal injury plaintiff lawyer to represent them in a CIVIL claim and go to court to assist the prosecution in the CRIMINAL case. They should seek any recovery allowed in criminal court by way of restitution. A private attorney will look out for their interests only. Get counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  7. 10

    Lawyers agree

    Answered . Any driver or passenger who is physically injured by another driver (and that other driver is found to be at fault) should hire a local personal injury lawyer... right after getting medical care, that is. Getting legal representation for someone who is rear-ended by a drunk driver and when that someone is injured will be quite easy as there will be plenty of attorneys eager for such a case - and all likely offering no fee unless the case is successful, by the way. The most difficult issue faced by the injured driver and passenger is which attorney to hire. Getting in touch with an attorney, meeting an attorney face to face, and making sure to be comfortable with that attorney would be a start.

    - 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 /
    "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... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and civil lawsuits

Drivers who injure or kill someone while under the influence can face more than criminal penalties--they may also be sued by their victims.

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