Legal Question in Personal Injury in California

I was recently in a car accident. The other driver admitted it was completely her fault. She had no drivers license and claimed to have insurance, which I found out today after many phone calls with the company, that she is not insured through them. So no drivers license and no insurance. The accident happend as I was driving up the street. It was at an intersection where you can turn on a green light but you had to yield to opposing traffic first. She was waiting for the pedestrian to cross the street and when it was safe for her to turn she did, not looking to see if there was opposing traffic. As I was passing through the crosswalk she started to turn. I immediately slammed on my breaks but I still hit her passenger side head on. I was able to get out of my car, but I do have some injuries. My entire body is sore due to the impact. My neck and back are aching, my wrists hurt from the steering wheel, and I have a bruise on my knee from it hitting the dash. My car is a 98 Dodge Neon and the damage from the accident is going to cost more than the car is worst. So it's considered totalled. I really would like to sue this woman for driving without a license and causing me to loose my car and also for the pain and suffering I am currently undergoing. How much money will I be able to get out of this case if I do take it to court? And do I NEED a lawyer for this situation?

Asked on 2/20/13, 7:39 pm

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4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You need a dose of reality.

Without the other driver or registered owners having insurance, you are going to get whatever you can negotiate in settlement from them and actually get paid. Probably very little. Unless they have substantial assets and income, you are wasting you money suing, and no attorney will be at all interested in the case. Attorneys don't take cases they know will make them no money. Even if you spent the money to sue and were able to win a huge judgment, they would just file BK.

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Answered on 2/20/13, 7:52 pm

Terry A. Nelson Nelson & Lawless

Follow up:

This is why you were supposed to have high policy limit insurance coverage for Uninsured Driver on your car. Did you? Make a claim on that insurance company. You may choose to hire an attorney to pursue that claim. Call if serious about doing so.

Your medical insurance may also provide some coverage for your bills, contact your company.

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Answered on 2/20/13, 7:55 pm
Geoff Morris The Morris Law Group

If the other party does not have insurance that might be a problem. I would not give up yet. I have an office in Riverside. Feel free to call me so we can discuss your issues further and determine if there is a solution. 951-680-1182

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Answered on 2/21/13, 12:13 pm

Do you have uninsured motorist coverage? Call your insurance company and ask. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/21/13, 1:55 pm

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