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FastSRT8
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Postby FastSRT8 » Fri Apr 04, 2014 11:07 pm

As stated above, get a lawyer
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Postby djrez4 » Sat Apr 05, 2014 12:37 am

No one has mentioned policy limits. If the driver carried bare minimum insurance (and that sounds likely for a multiple DUI offender) his policy may not cover all of the damage. Your brother would need to sue the driver directly.

Get a lawyer. Avoid lawyers that advertise on TV. Ask friends and family, professional contacts, anyone for a referral. Talk to the lawyer and get an impression before you hire him or her.

Also, do not assume that because both walked away and feel mostly ok that there aren't injuries that have not yet manifested. They will have to get a medical exam for the lawsuit anyway, so go see the family doc now. A doctor that was not specifically retained for testimony is much more credible as a witness.
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Postby daniel2304 » Sat Apr 05, 2014 10:43 am

If you decide to retain an attorney, do not communicate with the other's side insurance company. They may call to request a recording statement and just DO NOT do that. Consult with or let your attorney handle it.
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Postby nismoZtuner » Sat Apr 05, 2014 12:48 pm

djrez4 wrote:Also, do not assume that because both walked away and feel mostly ok that there aren't injuries that have not yet manifested. They will have to get a medical exam for the lawsuit anyway, so go see the family doc now. A doctor that was not specifically retained for testimony is much more credible as a witness.


My two brothers went to the hospital yesterday to get checked out. The doctor who helped them asked what happened to them.

I will ask my brother to look into an attorney.


-A coworker at work told me that suing the guy wont help because he isn't obligated to pay even if my brother does win the case- which sounds like a load of BS.
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Postby nismoZtuner » Sat Apr 05, 2014 12:49 pm

daniel2304 wrote:If you decide to retain an attorney, do not communicate with the other's side insurance company. They may call to request a recording statement and just DO NOT do that. Consult with or let your attorney handle it.


I will let him know that.

Thanks!
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Postby daniel2304 » Sat Apr 05, 2014 2:48 pm

You would sue the driver after you exhaust his policy coverage. And your co-worker is wrong about the driver is not obligated to pay. He is. You get the judgement and it's likely that you can tap in his wages and assets. However, do it quickly before he exhausts his income and assets to pay for an attorney to get him out of the DUI.
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Postby nismoZtuner » Sat Apr 05, 2014 2:56 pm

daniel2304 wrote:You would sue the driver after you exhaust his policy coverage. And your co-worker is wrong about the driver is not obligated to pay. He is. You get the judgement and it's likely that you can tap in his wages and assets. However, do it quickly before he exhausts his income and assets to pay for an attorney to get him out of the DUI.


The other driver insurance hasn't even contacted my brother.. seems like nothing seems to be moving. He said he was going to talk with an attorney later today..
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Postby swipe_masta » Sat Apr 05, 2014 9:35 pm

Wow! I'm glad your bros are ok!

Your brother should have gotten a police report along with a copy of the drunk's contact and insurance info. If that POS hasn't done anything, your brother can call that guy's insurance and report it himself. He can also call them and give them the police report # and the guy's info to see if he indeed has or has not started to file a claim. Adding on to what dj said, if the guy has a bad driving record, he may not have such good insurance. In this case, SUE!

-Call the other guy's insurance to see if a claim has been started.
-Get a personal injury lawyer or someone who specializes in auto accidents. Don't know which part of Cali you live in, but I used to live in LA and used Shawn Steel & Associates.

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Postby JoDa » Sat Apr 05, 2014 11:43 pm

I'm not a lawyer and every state has different rules. But, IME and with what you've said, you'll probably want to look for an attorney who will work on hours or a flat fee instead of a percentage of recovery. There are no major injuries here. Maybe a little bit of lost wages due to being out a vehicle, but nothing major on that front. Pain, suffering, and lost wages are where the guys who work on contingency make their money. A lawyer who bills hourly or a flat fee will just file to have the losing party pay his fees. You may want to ask your insurance company...they have firms who do recovery for them when they pay out but someone else is at fault, and they can point you their direction. Some are big firms who wouldn't take an individual case, but some are smaller guys who would be happy to do it. I can't imagine that the person who actually showed up in small claims to get my money back from my neighbor when she caused damage to my house was so "big" they wouldn't take an individual case...they were showing up over just a couple thousand dollars (and, yeah, she's a real gem to not just pay up and actually make them go through with suing her)! Never hurts to ask.
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Postby nismoZtuner » Mon Apr 07, 2014 1:18 pm

swipe_masta wrote:Wow! I'm glad your bros are ok!

Your brother should have gotten a police report along with a copy of the drunk's contact and insurance info. If that POS hasn't done anything, your brother can call that guy's insurance and report it himself. He can also call them and give them the police report # and the guy's info to see if he indeed has or has not started to file a claim. Adding on to what dj said, if the guy has a bad driving record, he may not have such good insurance. In this case, SUE!

-Call the other guy's insurance to see if a claim has been started.
-Get a personal injury lawyer or someone who specializes in auto accidents. Don't know which part of Cali you live in, but I used to live in LA and used Shawn Steel & Associates.


He did get a police report- the officer told him that his insurance is able to get one by calling them.

LA is about 4 or so hours way from my town.
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