1. Get a copy of the police report and go after the guys insurance. No Insurance? Sue the guy
2. contact the DA's office and ask for victims' restitution for the damage the guy casued
3. Get your homeowners insurance to pay for it.
4. Sue the guy in small claims court
Sue her in small claims court, the attorneys fees would be to much. And her insurance should cover it.
213-819-1171 Please only call me if your case is in California as I am only licensed here and laws of other states may vary. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is always best and I often in limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.
You can file a lawsuit against the driver and owner of the vehicle that caused the damages. You are not entitled to attorneys fees. If your damages are relatively small, you should consider filing a lawsuit in small claims court.
As Ms. Simmons has explained, your options are pretty straightforward. Your best option at this point, given your homeowner's insurance will not cover it, is to sue her in small claims court. You may have a difficult time getting awarded attorney fees. Best of luck.
It sounds like you did the right things by submitting it to insurance first. I would contact the district attorney's victim/witness office and see if they can get restitution for damages for you. If not, I would go ahead and sue in small claims at this point. You don't get to have a lawyer with you at small claims, but it appears from the facts you have submitted that liability is cut and dry. Good luck.
Her insurance carrier likely denied coverage either because she failed to pay her premium, she was an excluded driver under the policy, or else she was convicted of DUI and the policy precludes payment for damage caused in the commission of a crime.
If the criminal case against the woman is still ongoing, you should submit the bill for repairs and photographs of damage to the DA and ask for restitution. However, keep in mind that if the woman isn't employed and has no money to pay....there's not much that you can do.
You can also file suit directly against the woman in small claims court. The cost to file is minimal and no attorneys are allowed. So just like on "Judge Judy" you would present your case and evidence and the woman would have to appear to try to defend herself. Of course, after you obtain an judgment against her.....it's still a matter of trying to collect. If she doesn't own property and/or doesn't have a job to make payments to you, you could have difficulty forcing her to pay the judgment.
***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.
Sue or ask the district atty/probation dept to get a restitution order. That shouldn't cost you any money, and if it is obtained, it is a judgment that can be enforced just like a small claims court judgment.
DUI Premises liability for personal injuries Personal injury Evidence for personal injury cases Police reports for personal injuries Drunk driving and personal injury Residential property Property liability Homeowner's insurance for property liability Criminal defense Crimes against society Police interrogation Victim compensation and criminal conviction Fees Evidence Small claims court
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