Question on whether to sue someone or not?

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Question on whether to sue someone or not?

I was rear ended in Alameda county, CA and it totaled my car. Should I sue for this car accident because she did not have car insurance? Plus, i was injuried and i am losing my medical insurance in less than a week.

Asked on March 27, 2009 under Accident Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Hi there.  California insurance law is quite complicated but may offer you quite a bit of help.  Does your car insurance policy protect you fully from auto accidents caused by an uninsured motorist?  If so, place a claim with your insurance company.  You will be/should be covered for both auto and medical (check your policy for limits and deductibles).  Was the car accident the other person's fault? Did you get a police report/was there a police report?  If you sue the individual, that person may be judgment proof (i.e., no money, no assets).  Suing (even if you get a judgment) on a car accident in Alameda county, CA doesn't mean you automatically get the money. It means now you have the right to chase the money.

 

Check with your insurance company to determine if they have an auto accident attorney in Alameda county, CA to represent you.  Often in this situation, they will cover you and then go sue the individual.


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