From: bmiller@lunatix.uucp (Barry Miller)
Subject: Re: car accident and lawsuit
Organization: Lexington Public Access Unix. -KY- (606) 255-9121
Distribution: usa
Date: Mon, 21 Dec 1992 00:14:21 GMT
X-Newsreader: TIN [version 1.1 PL6]

Joseph Chan (joseph@hardy.u.washington.edu) wrote:
: A foreign student involved in a car accident(at his fault) last year, the 
: car insurance company has paid the other party.  This week, he received
: 2 summons and complains, one filed at the Municipal Court of Los Angeles and
: one  at the Superior Court of Los Angeles.  The plantiff is the person
: involved in the accident last year.  In the complaints, he asked for 
: unspecific amount of damage.  In the suit filed with Municipal Court
: he suited the defendant and 1 to 10 Inclusive. In the suit filed with
: Superior Court, he suited the defendant and 1 to 60 inclusive.
: 
: He would like to hire an attorney in Los Angeles area, but the attorney want
: $5000 fee in front.  He does not have the money.
: 
: Any suggestion how he should defense the case without get him broken financially
: will be much appreciated.
First question -- whose insurance company paid the plaintiff?
Your friend's, or the plaintiff's.  I assume from your post that
it was the plaintiff's.  It makes a very big difference, however.

If your friend was insured, he needs to inform his insurance
company about this suit as soon as possible.  Have him send a
copy of the suit(s) to the company, registered mail.  The company
is obligated to provide him a defense, assuming he meets all the
policy conditions, especially giving them prompt notice of the
suit.

If your friend was not insured, he needs an attorney --
especially because he is a foreign student.  Legal English is
difficult enough for native speakers of English to understand; it
can be impossible for someone who is not a native speaker.

: 
: If he answers the summons and complaints formally himself, how long does it
: take to go on trial in the Municipal Court and/or Superior Court of 
: Los Angeles?

Can't help there, I'm afraid.  I practice in Kentucky.
: 
: The plantiff hired 2 separate attorneys, one for each case.  Can the plantiff
: suit the defendant twice for same case?  Can plantiff suit and collect money
: from defendant after he received money from car insurance company?
: 
It is this part of your post which makes me think that it was the
plaintiff's insurance company which has paid out money.  If that
is the case, the insurance company is subrogated to the
plaintiff's rights against your friend.  That means that if the
insurance company has paid $5,000.00 to the plaintiff, it is
entitled to seek repayment of that $5,000.00 from the person who
caused the accident.

If the insurance company has paid the limits of its policy (for
example, if the plaintiff had a policy with limits of $10,000.00,
and the company has paid $10,000.00 so far), the plaintiff may
also sue your friend for any damages over that amount.

I would not be suprised, then, if one of these two suits is a
subrogation suit brought by the insurance company.  It would be
brought in the name of its insured, the plaintiff, so it is not
immediately apparent that an insurance company is involved.

It is possible that the other suit is by the plaintiff himself
for damages above those paid by his policy.

In Kentucky (perhaps in Calif. too) these two suits could be
consolidated.

Good luck to your friend.

--Barry
: 
Newsgroups: misc.legal