Legal Question in Personal Injury in California

The Right To Sue? ? ?

Hello,

About a month ago, i backed into two people. the police were called and a report was written. I give proof of insurance and License and all of that. However the 2 i hit were not legal citizens of this country and did not carry any type of insurance at all. Now the daugher of the 2 men (who was not there at the time of the crash) is threating to sue me. The thing i dont get is the cop let off the 2 men. No ticket for no insurence or anything of the sort. Do i have a good chance at fighitng a lawsuit. i mean, they didnt have insurance and thats against the law. thanks so much for your time.


Asked on 2/04/05, 3:33 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: The Right To Sue? ? ?

You say you "backed into two people" but you don't say whether they were pedestrians or were in a car. If they were pedestrians then there is no reason they needed to have insurance. If they were in a car then their lack of insurance means they can't claim damages for pain and suffering, but they can still recover for medical expenses and property damage.

Non-citizens have the right to sue for injuries just like anyone else. (This is true even of illegal immigrants, though you didn't say whether these men were legal or not) Why, after all, should people who harm someone get a free pass just because the victim turns out not to be American?

Police are not required to cite people for every violation they observe. Looking the other way at a victim's minor violations serves the interests of society, since it prevents wrongdoers from escaping justice as you hope to do.

But I doubt the daughter (are you really sure she is the daughter of *both* men?) can sue you in her father's place. If they were injured then only they can sue. She could sue you for property damage if they were in her car, but she still could not sue you for any of their personal injuries.

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Answered on 2/09/05, 8:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: The Right To Sue? ? ?

I want to clarify something I said in my original answer. I wrote that, if the men you hit were in a car at the time, the lack of insurance would bar them from recovering for pain and suffering. That rule would only apply to the driver; passengers are not required to have insurance, and the fact that a driver is uninsured does not affect his passenger's rights.

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Answered on 2/12/05, 4:01 pm


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