How can I file a claim after a car accident? 3 Answers as of June 28, 2011A couple months ago a lady hit my parent’s car and she drove a $40000 BMW. My dad got her phone number, driver licensed, and insurance information after the accident. However her insurance rejected our claim saying the insurance has expire for 3 month so we try to contact her by phone and mail by never get any reply. My parents just want the lady who hit their car to take her responsibility even though they didn't want to go to court they have to. My parents are immigrant, whose gave up everything to come to America because they were drawn to the strong believe in freedom and justice that America are so great for. They submit a small claim against this lady and even hire a police man to deliver the court papers to her. However with great disappointment the lady never respond to anything and my parents have to resubmit the claim the second time. They have talked to some lawyers and all the lawyers told them that that should forget about the case because it very hard to make her pay for the claim. However my parents are strong believers in the American justice system and will stop until that lady take full responsibility for her action. With all odd they continue to file the claim. I would like to know is there anyway to help them and make the lady take responsibility for her action? Please help because my parents will not give up until they get their justice.
Komanapalli Massey LLP | Mark A. Massey, Esq.
It sounds like your parents have already sued her and won a "default judgment" against her because she failed to answer.Once the court has entered its judgment on that default with a set amount awarded to you, you will then have a judgment you can work with.You have her driver's license number, her license plate number, her home address, and that is plenty to help you recover what she owes. Check the county recorder's web site to see if she holds title to any real estate in California. If she does, file a judgment lien against it. That will cloud her title and require payment in full of the judgment before she can refinance or sell any properties to which she hold title in any percentage. Also,you can ask the court to order her in for a judgment creditor's hearing. If she fails to show for it, the court can order the sheriff to bring her to court with all of her financial information.With that, you can levy against her bank accounts, and become a priority creditor who can do great damage to her credit report. Good luck. America is Great, your parents are correct. There is always a way.
Answer Applies to: California
Law Offices of H. Christopher Coburn | H. Christopher Coburn
Something doesn't make sense. They're doing what they should do. Take the woman to small claims court. An attorney won't get involved unless the damages are great enough. If the lady doesn't show up for court your parents should win and get a judgment. An attorney can help show your parents how to collect.
Answer Applies to: California