Rear-ended by a DUI driver (suspended and revoked license) with no insurance...do I hire an attorney to handle my case?

Asked over 1 year ago - Fremont, CA

Car is a total loss..Family needs chiropractor treatment...we have insurance but how can the driver who rear-ended us pay for our pain and suffering with no insurance and DUI? Lawyer needed or not?

Attorney answers (11)

  1. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    22

    Lawyers agree

    Answered . Sorry to hear what you're going through. You should absolutely consult with a car accident attorney. Good luck.

    Jasen Nielsen

  2. Barry P. Goldberg

    Pro

    Contributor Level 13

    22

    Lawyers agree

    Answered . This is a "classic" situation in which your Uninsured Motorist coverage applies.
    The accident you described happens more often than you might think. Possibly, as much as 1 in 5 accidents are with uninsured drivers. That is why I preach and beg people to prepare for this likelihood by purchasing enough UM coverage. (It is a relative bargain!)
    As for "punishment," it will occur--- but, probably not to the extent deserved. This guy is looking at 1) jail time, 2) mandatory suspension of driver's license, and 3) restitution.
    You have a job to do in this. Make certain the DA knows that you will actively cooperate in any prosecution. Further, inform the DA that you and your family sustained significant bodily injuries.
    Finally, after your insurance company compensates you for your property damage and bodily injuries, it will "subrogate" against the uninsured driver for every penny it paid you. It is common for insurers to obtain a money judgment against drink drivers. So, this accident will have some monetary consequences to the the bad guy.
    I hope this information helps some.

    [removed]

  3. George Costas Andriotis

    Contributor Level 20

    23

    Lawyers agree

    Answered . You need to consult an attorney to investigate coverage and advise you of what he/she finds. An asset check of the DUI driver wouldn't hurt either.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Malosack Berjis

    Contributor Level 20

    21

    Lawyers agree

    Answered . To answer your question, yes--you should hire an attorney. Other than dealing with your insurance company (assuming that your policy includes uninsured motorist benefits), your attorney can go after/sue the other driver. However, it would not be a bad idea for the attorney to do some sort of an asset search first to see if it is even worth it to pursue this individual for compensation for the injuries that you have suffered. Best of luck to you.

  5. Jeffrey Mark Adams

    Contributor Level 20

    21

    Lawyers agree

    Answered . Precisely because of the issues you raise, and those you are not aware of, is why you should absolutely consult with local and qualified counsel. Get well soon.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Manuel Alzamora Juarez

    Contributor Level 20

    19

    Lawyers agree

    Answered . NINE OUT OF TEN THE OTHER DRIVER IS PENNILESS.. YES. YOU SHOULD SUE HIM ANYWAY JUST TO GET TO THE UNINSURED COVERAGE PROVISIONS OF YOUR OWN POLICY. I AGREE WITH ALL MY COLLEAGUES, IT DOES NOT HURT TO DO AN ASSET SEARCH. BEST OF LUCK.

    This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492.... more
  7. Steven Mark Sweat

    Pro

    Contributor Level 19

    18

    Lawyers agree

    Answered . You should hire a personal injury attorney to determine if the driver has any assets worth pursuing and to review your own insurance policy for uninsured motorist coverage. All policies of insurance in California must have uninsured motorist coverage unless it is specifically waived in writing and by a particular method. If you do have this coverage, an attorney could assist you with presenting a claim or claims for damages to your own insurance carrier, which would include the cost of present and future medical treatement and pain and suffering.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  8. Laura Rose Mismas

    Contributor Level 7

    17

    Lawyers agree

    Answered . You should consult an attorney. The issues of your case present several complications and a qualified attorney can walk you through the process that is required to make sure that you're compensated for your injuries in the quickest way possible.

    All responses are provided for informational purposes only and should not be construed as legal advice or... more
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Lawyer definitely needed. Hopefully you had the foresight to purchase uninsured motorist coverage on your automobile policy.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    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

    17

    Lawyers agree

    Answered . Do you have UM? If so, find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

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

    Contributor Level 4

    11

    Lawyers agree

    Answered . There is not enough information to answer your question. You may have a type of coverage called uninsured motorist coverage on your own auto policy which would cover you, or the facts of the collision could allow for a claim against another party with insurance or assets. I recommend you call an attorney for a consultation. Most injury attorneys offer a free consulation. Doing this will allow the attorney to obtain more information and better guide you in the right direction.

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