Do i have a case?

[Gordon]

I got in an automobile accident and neither of the parties has insurance...the accident was her fault, she admitted it to me...Can I sue her on any grounds? if so what? thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Gordon:
I got in an automobile accident and neither of the parties has insurance...the accident was her fault, she admitted it to me...Can I sue her on any grounds? if so what? thanks<HR></BLOCKQUOTE>


My response:

The better question is: "Do you have uninsured motorist coverage?" If you do, that's your way to go. Then, you'll only have to go after her for your deductible, unless you also had U.M. deductible "waiver."
Then, let your insurance company go after her. See? Real simple.

IAAL



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[lars coltrane]

Regardless of insurance, you can still sue.

In the absence of insurance on your part, your recovery may be limited; for e.g. in CA, if you do not have insurance, you are not entitled to recover for pain and suffering although you are entitled to recover for damage to your vehicle, medical bills and loss of earnings.

In the absence of insurance on the other side, the biggest problem you face is collecting any judgment that you obtain. However, in CA, there is no seperate cause of action on the grounds that the other driver was not insured.

If you have carried uninsured motorist coverage, then collecting is not a problem becuase your own carrier steps into the shoes of the uninsured driver and they pay your claim. When the case is resolved, they will then sue the uninsured driver for the amount that they had to pay to you.

good luck

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
Regardless of insurance, you can still sue.

In the absence of insurance on your part, your recovery may be limited; for e.g. in CA, if you do not have insurance, you are not entitled to recover for pain and suffering although you are entitled to recover for damage to your vehicle, medical bills and loss of earnings.

In the absence of insurance on the other side, the biggest problem you face is collecting any judgment that you obtain. However, in CA, there is no seperate cause of action on the grounds that the other driver was not insured.

If you have carried uninsured motorist coverage, then collecting is not a problem becuase your own carrier steps into the shoes of the uninsured driver and they pay your claim. When the case is resolved, they will then sue the uninsured driver for the amount that they had to pay to you.

good luck

<HR></BLOCKQUOTE>

My response:

Oops. You know what Lars? I misread his question and, thankfully, you were there to staighten it out. For some reason, I read his scenario as if he had insurance, and that the other driver did not. Thanks again.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Gordon]

What's up guy's..thanks for the reply..
Yeah, i don't hav ins. and neither does she...I'm wondering if i can take her to small claims court?
and she also said that she can't fix my car without a police report..is the report really necessary?
thanks again
I live in CA by the way

[This message has been edited by Gordon (edited March 20, 2000).]

 

[lars coltrane]

Yes, you can take her to small claims. When attending, be prepared. I would suggest that you bring 2 estimates of the cost of repair. Also, find out how long it will take to repair so that you ask for car rental reimbursement. Bring photos of the damage to your car. Also, bring photos of the accident location. If you have any witnesses, bring them too.

The other driver is wrong about the police report. If you can prove that she is at fault, you will win a judgment even without a police report. (By the way, in the police report where is says who is at fault - that is really hearsay and not admissable - but that is another story).

And isn't it refreshing to see that IAAL had no hesitation to admit he misread your question. Now that is something that you don't see everyday.

good luck

 

[Gordon]

hey lars thanks for the helpfull reply...
How would i start with a small claim case on her anyhow? I've looked at a couple sites and there's like kits avilable for $10.i'm not sure if these are even legit or something,but I would really like to get this over with because she seems to be stalling for some reason..she said she asked the police if she needed the report to start the repair and they said yes so she's going on what they say, it's been over two weeks and the report is not done yet...I told her I don't want to take her to court, but this is the direction she's forcing me to take....I'm looking at a couple sites for small claims info and stuff so that'll get me a bit of a start..thanks

Gordon

[This message has been edited by Gordon (edited March 20, 2000).]

 

[lars coltrane]

You have to go to the small claims court that services the jurisdiction where the accident occurred. For example, if it occured in Santa Monica, you would go the small claims court in Santa Monica. You can call information and ask for the small claims number for the area where the accident occurred.

I have not seen a small claims kit so I really cannot say if they are helpful or a waste of money. I would suggest contacting the court clerk first - some are very helpful and you will not need the kit. You may ask the clerk if she has seen or heard of a kit and what are his/her thoughts.

Let me know what you find out about the kit.

 

[Gordon]

I'm doing some research on how to file a small claim against this lady, but not really sure where and how to start...
I called the local small claims court here in so.cali and this lady was real rude to me...so if anyone can help me out on how i can or how to get this claim started ..

And Lars you said in the police report where is says who is at fault that it is really hearsay and not admissable i dont understand?

thanks again

 

[lars coltrane]

I saw your note; I will try to get back later or tomorrow.

 

[lars coltrane]

Calling the court did not work. So, the next step is to take a trip down to the court and get the forms to start the small claims case.

The conclusion of the police is not admissable because it is a hearsay statement. However, it would be very hard to describe what is or is not hearsay because it is one of the more difficult areas even for lawyers and judges. Believe me by the time I tried to explain, both of us would be confused. Anyway, in small claims matters, rules are often more lax.

good luck