Legal Question in Personal Injury in California

Re: Being sued in a multi-car accident

The answers to your questions are as follows:

1. The plaintiff does have to prove negligence in order to collect damages from your girlfriend. Generally, in auto accidents, the plaintiff does not have to prove recklessness.

2. If the plaintiff has already collected part of her damages from her own auto insurance company or her own health insurance company, under California law, the plaintiff is still entitled to collect for those same damages or from your girlfriend's insurance company.

3. You did not state whether your girlfriend had insurance on her vehicle. If she did, the insurance company would handle all of these questions and issues for you. Just by being students and not having any assets or money, your girlfriend cannot avoid the legal process. However, if she is uninsured and has no money or assets, there is little that anybody will be able to get from her and she may be what we call "judgment proof".

I hope this information helps you along.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW

10101 SLATER AVENUE, SUITE #218

FOUNTAIN VALLEY, CA 92708

TELEPHONE: (714) 963-512

FACSIMILE: (714) 964-9993

WEBSITE: WWW.FIRMS.FINDLAW.COM/EAGLELAW007

Re: Being sued in a multi-car accident

Yes, they can sue her for negligence. If they received money from her insurance company than she was insured at the time of the accident and if they were already paid money than they signed a release and can't sue her individually for more money. If they received money from their own insurance or from some other insurance company than the insurance company is probably suing her for reimbursement of the money they paid. Even if you don't have any money, you still have to accept service if they find you. If they attempt to personally serve her three times and can't find her they will just serve her by publication which means they will post a notice in the local paper. Once she doesn't file an answer to the complaint they automatically win and receive a judgment. Once she graduates and gets a job, they will garnish her wages. She can either answer the lawsuit and try to convince them that she doesn't have any money, show convincing proof it wasn't her fault i.e. witness statements or police report, or let them get a judgment and file bankruptcy. If she was insured at the time of the accident than she needs to give the insurance company a copy of the complaint and let them handle it, even if she is no longer insured by that company. If she did have insurance just accept service and let them handle it.

Good luck.

John Hayes, Esq.

Re: Being sued in a multi-car accident

1. Yes, just negligence.

2. Yes.

3. You insurance company will take care of it. if you dont have insurance you can file a bankruptcy.