Legal Question in Personal Injury in California

Auto Accident

My wife was involved in an auto accident in October 2006, we retained an attorney to handle the case as the insurance company was giving us the run around. We are currently in August of 2008, the statute of limitations is almost here and we received a letter from our attorney advising he can no longer represent our case. All I want is the medical bills paid which totals approximately $2500. I do not care about the lost wages (only a week) or any other amounts so I was planning on filing in small claims before the statute expires. My question is, who do I sue? The insurance company or the insured driver? Another thing to note is the driver (the one who rear ended my wife) was only 17 years old at the time. Can I still file against this person or do I need to serve her parents?


Asked on 8/13/08, 5:29 am

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Auto Accident

Hello, and I am sorry about your situation. It sounds like a small case. I am surprised it hasn't settled yet.

Here is what you should do:

1. Get the entire file from your attorney (he has to return it to you by law).

2. To preserve the statute of limitation you sue the driver and/or the owner of the vehicle personally and NOT the insurance company.

You will probably need to serve the minor's parents with the lawsuit but you need to include the minor and his parents in a suit.

Something tells me that you should be able to close this deal without suing as the insurance company would much prefer to get it over with without spending money on insurance defense as well.

If you would like further assistance or discuss this further, feel free to contact me. I spend 2-3 days per week working in Sacramento area.

Thanks,

Arkady

[email protected]

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Answered on 8/13/08, 2:58 pm
Patrick Lanius Lanius & Associates

Re: Auto Accident

With meds of $2500 you should get between $5000 and $10,000 from the insurance carrier for the other driver.

You sue the driver [not her parents]and the owner of the vehicle, not their insurance carrier. The owner may also be liable for negligent entrustment of the vehicle to the teenager if they had reason to know she was a negligent driver. The owner is also liable as the owner but only up to $15,000. They need to tender the claim to their carrier who will hire counsel and determine the outcome in terms of what they will pay to settle the matter.

You should add it all up and not let anything go.

Add it all up and demand $15000 to $20000, then dicker.

Good luck.

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Answered on 8/14/08, 12:49 am


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