Should i fight this case of my car accident?

Asked over 1 year ago - Oxnard, CA

I was in a car accident about a year ago i was coming out from a stop turning left. the street was a school zone and was a curved street which made it a little hard to see cars coming . i remember checking and there was no cars as i began to go i went slowly just in case there was a car coming. a car hit me i did see it but it was coming too fast. the driver was under the influence of marijuana and speeding. there was two witnesses that were driving in back of him. they stopped and told the police how it happened. unfortunately i blacked out so i don't remember much the one who was awake throughout the whole thing was my sister ..i don't know if to fight this case or not cause the car had no insurance . they are now billing us 12000.

Attorney answers (7)

  1. Malosack Berjis

    Contributor Level 20

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    Answered . First of all, who is billing you "12000"? Secondly, do you happen to have uninsured motorist coverage with your car insurance carrier? Because, if so, that could be an alternative way for you to get compensation.

    But, back to your question, I'm assuming that by "fight this case" you mean sue the other driver. Assuming my interpretation of your post is correct, then there are several different factors that one should consider when deciding whether or not to sue an at-fault uninsured driver. One of the most important factors--if not the most important--is whether the other driver has an assets (e.g., money, real property, etc.) or is employed so that you could, possibly garnish their wages, in the event that you are successful in a lawsuit against them.

  2. Steven Mark Sweat

    Pro

    Contributor Level 19

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    Answered . You may have partial fault for the accident due to California Vehicle Code 23152 which prohibits turning left without first yielding the right of way. The other driver is at fault as well, however, if he was under the influence and there is evidence to that effect. Use this argument to try to negotiate a settlement.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Michael Shemtoub

    Contributor Level 17

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    Answered . If they hit you and the police report shows them to be at fault, they have no cause of action. You don't mention any injuries other than blacking out. Get the police report and take it to a lawyer for advice.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  4. Manuel Alzamora Juarez

    Contributor Level 20

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    Answered . YOU NEED TO HIRE A P.I. ATTORNEY TO ADVISE YOU. THE FACT THAT YOU BLACKED OUT INDICATES THAT YOU HAD A SERIOUS CONCUSSION. HAVE A DOCTOR EXAMINE YOU AND GET TREATED. BETTER BE SAFE THAN SORRY. BEST OF LUCK..

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

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    Answered . Turn the bills over to your insurance company to resolve. That's why you have insurance.

  6. Paul J Molinaro

    Pro

    Contributor Level 18

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    Answered . When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given...And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney. If the accident is not a rear-ender an attorney will help determine who was at fault.

    When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in 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."

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    ** 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
  7. M. Todd Miller

    Contributor Level 16

    Answered . I encourage you to file a claim with your insurer and allow them to defend you in the matter. If you are uninsured, contact an attorney immediately and do not communicate with the parties further.

    M. Todd Miller
    Law Office of Todd Miller, LLC
    1305 Southwest Blvd., Ste. A
    Jefferson City, Missouri 65109
    Web: www.toddmillerlaw.com
    Phone: (573) 634-2838
    Fax: (573) 634-7642
    Email: info@toddmillerlaw.com

    "Personal attention - Professional Results"
    * This post and all others made on the internet are for informational purposes only. Nothing posted should be considered legal advice nor should any comments, answers, or other communications be suggested or assumed to create or constitute an attorney-client relationship. Accuracy of this information is sought but not guaranteed.
    ** the Law Office of Todd Miller, LLC is a general practice law firm.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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