You have a lawyer. They are suppose to know how to do a lawsuit. If they don't , you may want to change lawyers. These are basic lawyer issues. They should be telling you how it is done, not asking you how to do it. Sue everyone involved.
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Your first step should be to speak with your attorney immediately. Your attorney is in the best position to advise you on how to proceed with your claim. If you still have doubts or concerns after speaking with your attorney, you may wish to have a consultation with another attorney.
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Talk to your attorney, not us. You hired an attorney so ask them. Don’t go behind their backs and try second guessing them here.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Since you have already retained an attorney, you should direct all of these questions to him/her. Your attorney may pursue all possible remedies through the insurance claims process and make the appropriate recommendations to you on whether or when to file a lawsuit and against whom. The answer depends on many facts and circumstances which are best left to a confidential consultation with your attorney, rather than a discussion on a public forum such as this one.
Nothing in this response is intended as a legal consultation or advice on your particular case, and is provided only as a general statement of information, and only with respect to California law. No attorney-client relationship is created and no contract for legal services is formed as a result of this posting or other postings before or after this posting. Various limitation periods, deadlines and cut-offs also may apply. You should therefore seek private consultation from an attorney regarding the merits of your case and the deadlines involved in your matter. Since this is a public forum, this posting is not confidential.
Your lawyer should be answering your questions. If unable or unwilling to do so, you need a new lawyer. Not using a lawyer does not, in my experience, save money or time.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Your claim is against the driver and the registered owner. Since you are represented by an attorney they should know who to name in any lawsuit that you file. However, if the third party carrier is denying coverage for the incident you are going to have a hard time collecting against the driver or owner personally unless they have significant assets. Good luck.
This is a question which your lawyer will probably be willing to answer for you. I am sure he does not want you doing things independent of his office which may somehow jeopardize your pending claims. Speak with your attorney.
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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.
You have a lawyer, and we can't undermine that attorney. Switch lawyers if the lawyer is not doing his job.
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Since your girl friend is the registered owner, it is her property damage claim, and not yours. therefore, it is her who needs to file the action.
Because the property damage was only $3,300, she can file it through the small claims department. I would name all three as defendants and let the judge rule on liability as among the three individuals.
You can find all the forms on the court's website, including instructions. http://www.courts.ca.gov