Can I file a lawsuit against the other driver in a recent car accident that I had to try to get reimbursement from for my wrecked car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file a lawsuit against the other driver in a recent car accident that I had to try to get reimbursement from for my wrecked car?
Neither mine or her insurance has collision coverage so I can’t expect anything back from either one of our insurance.can I take her to small claims court?
Asked on June 25, 2015 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If she was at-fault in causing the accident, you may be able to recover money from her in a lawsuit. (You can sue at-fault drivers.) In car accidents, being at fault generally means driving negligently or carelessly: speeding; following too closely; going through stop lights or signs; texting while driving; driving too fast for conditions; etc. Liability, or the obligation to pay for damages, depends on fault, so only if she was at fault could you reasonably expect to recover compenation. Indeed, if you were at fault, she could sue you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.