Legal Question in DUI Law in California

I am a nineteen year-old without income, a member of medi-cal and currently in the process of obtaining social security benefits. I have little money to spend on an attorney, but am wondering if I have a case/how much money would be required to present it to a court and follow through with any proceeding that may offer compensation for a car accident I was in at the beginning of this month. (I only recently was made aware of the severity of my injuries, and so roughly 3 weeks have passed since the original incident.) I was the passenger in a car of an ex-boyfriend who was under the influence of alcohol, which caused a head on collision with the vehicle in front of his own. I was unaware of his intoxication when I had willingly gotten into his vehicle, however this is his second DUI. There is no insurance on his car, and he currently has no income or savings. This accident occurred only three days after he obtained his license after it had been taken away from his first DUI. I would like to sue for psychological/physical damages, as the surgery will cost me and the cosmetic damages may be irreparable. Do I have a case?


Asked on 7/22/10, 1:56 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You should contact the state Office of Risk and Insurance Management about making a claim under the Victim Restitution program. You should also gather and total up all your medical bills and estimates of future medical costs and give them to the district attorney. The court will order the ex-boyfriend to pay restitution when he is sentenced on his criminal DUI case. You can certainly also sue him, and if he is criminally convicted you will have a very easy case for civil damages. Filing a civil lawsuit will require your retaining an attorney. This will cost you something, but how would you feel if you were to read about him winning the lottery and you never bothered to get a judgment against him?

Read more
Answered on 7/22/10, 5:14 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California