California Car Accident Lawyer
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What Should I Do If The Other Driver Does Not Have Insurance?
If the other driver caused the accident and is uninsured, your own policy will pay for your personal injuries if you have "uninsured motorist" or "medical payments" coverage. If you do not have this type of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay the damage he or she has caused. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.
What if someone sues me?
Contact your insurance agent and/or your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney too. Insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. So, if you receive a traffic citation or are charged with a crime, you should talk with your own lawyer immediately. If you do not know a lawyer, ask a friend, co-worker, employer, or community organization to recommend one. Or, look in the Yellow Pages of your telephone directory under Attorneys.
What If I Want To Sue Someone?
Select an attorney or firm with substantial Personal Injury experience. Cunningham & Lansden have successfully handled over 5,000 Personal Injury cases.
Although you retain an attorney, many cases are settled by the attorney before suit is filed and, even if suit is filed, most of them settle before going to trial.
If the other driver was at fault, you are be entitled to compensation for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or payment for a nurse needed after the accident. You should contact a
Personal Injury Attorney immediately. A good Personal Injury Attorney will almost always net you far more money (after payment of attorney fees) than if you tried to handle the case yourself. The other side's insurance company will start building a case against you immediately and that is why you need immediate counseling from your own attorney.
If you want to sue, do not delay. There are time limits for filing various types of claims (frequently one year) but sometimes much shorter as in the case of claims against Governmental Entities. The Statute of Limitations can sometimes be extended for years while the Plaintiff is a minor or is incompetent. This is a very complicated area and you should not try to analyze it yourself but should consult with an attorney immediately.
Many lawyers, including Cunningham & Lansden, take auto accident cases on a "contingent fee" basis. If you and the lawyer agree to a contingent fee, your lawyer will not charge for his or her services if you lose the case. If you win, you pay the lawyer a percentage of the money you win.
Be sure you understand exactly what the lawyer's percentage will be and how it might vary. Find out whether you must pay court costs directly or if the lawyer will pay and bill you for them later (as with Cunningham & Lansden). And, ask you lawyer to put the fee agreement in writing.