Question on whether to sue someone or not?

UPDATED: Mar 27, 2009

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 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.

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 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.

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