Legal Question in DUI Law in California

should I be on his side

went out saturday night with a friend on the way home a car ran a stop sign and t boned us sending us flipping three times. I am injured and in a neck brace for 6-8 weeks. found out the car I was in doesn't have insurance and is registered to his x girlfriend. he was arrested on suspesion of dui and has to go to court in two weeks. I going to get my own lawyer but will it help my case against the other car if my driver is in less trouble from the wrech cause of the blood alcohol and lack of insurance or should i just look at both parties, my driver and the car who ran the stop sign, as the bad guys. will one help or hurt the other as far as me getting medical bills and pain and suffering. please help asap i have to make up my mind. p.s. this guy is suddenly being real nice duuuuu and telling me not to talk to any detectives concerning my health or what happened eventhough the wreck wasn't caused by us.

thanks

--name removed--

stiffy


Asked on 12/05/03, 4:40 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: should I be on his side

Thank you for your posting.

The issue in a civil claim, or case, is not whose side you or anyone else is on -- it is negligence. From that point of view, the best thing you can do is be truthful, and it would certainly assist you to get an attorney to gather evidence, statements if necessary, and documentation of your injury and proceed from there.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 12/05/03, 7:38 pm
Terry A. Nelson Nelson & Lawless

Re: should I be on his side

You need to be represented and pursue your claims against the other driver [hopefully he has insurance!], as well as the driver of the car you were in, as well as the owner of the car you were in, even if they are your friends. If your friend was not found to be at fault in the collision by the police [check the police report], he is only secondarily responsible for your damages, same for the owner of the car you were in. More to the point is the lack of insurance on the car [which you need to verify], which means anything you would be entitled to recover from him or the owner would have to come out of their pockets. They may be able to contribute some money to your recovery in addition to the other car's insurance coverage. Contact me if interested in being represented by an experience attorney.

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Answered on 12/05/03, 7:39 pm


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