i was rear ended not to long ago and i recently was advised by my lawyer that he had to drop my case due to the other driver not providing me with correct insurance information. the driver wasnt the onwer of the vehicle nor did he have a CDL. but he provided me with insurance ofthe vehicle and registration. then the owner of the vehicle contacted me trying to scare me. now my vehicle still damaged and i still feel pain on my lower back from time to time.i didnt have motorist insurance at the time. whats my name option besides small claims corret?when the accident happened the driver left the scene before the Chp arrived at the location. Chp contacted the person who was driving the vehicle and asked them to come back. the driver said no and hung up. so all the information i got was pictures of the driver the paper work stating the vehicle was insured and registration .
What do you mean by your attorney "dropped" your case? Was a lawsuit (complaint) ever filed? If there is a pending superior court lawsuit, you can't just file a small claims court case unless you dismiss the pending superior court case first (however, you need to be cognizant of the statute of limitations).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
If the other driver and owner are giving false information and in reality there is surance (questionable), you may have to file a lawsuit to compel them to disclose his insurance information.
If neither the other driver nor the owner of the other vehicle have insurance, and you do not have collision coverage or underinsured motorist property damage, your only option to recover for property damage is to contact the driver and owner to try to work something out informally or sue the other driver and owner and try to collect any judgment. If you do not have uninsured motorist bodily injury, then your options are the same for your injury claim, try to work out a settlement informally or sue.
You should contact another attorney as soon as possible for a second opinon.
I agree. If the driver and owner are both uninsured, and you did not have uninsured motorist coverage, your only recourse is to file a lawsuit yourself, whether it is in small claims or otherwise.
I suggest consulting with another attorney who has experience handling these types of claims.
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