QUESTION
What should I do about the car accident? Can I just leave things as they are?
Asked on Apr 26th, 2013 on Personal Injury - Georgia
More details to this question:
I have two junk cars, a truck and a car I got about 3 months ago. I have insured on the truck, but not on the car. I only drove it a few times. I was driving the car and a guy went through a red light, and I hit him. We switched information. I got a letter from his insurance company, but did not answer.
9 ANSWERS
Edwin K. Niles
Under California Civil Code 3333.4, if you are uninsured, you can only collect out-of-pocket expenses incurred as a result of the other driver's negligence. This means that the other driver?s insurance company should pay for your car damage and any medical bills, but will not pay for any pain or suffering, assuming that they agree on fault. If the car damage is over a certain amount, or if you report that you were injured, you should complete and file with DMV a form SR-1, and if you do so you may find that your license may be suspended.
Answered on Apr 30th, 2013 at 9:50 PM
Ronald A. Steinberg
You violated the law by driving an uninsured car.
Answered on Apr 30th, 2013 at 12:00 PM
James Eugene Hasser
It's up to you whether you want to take action of some sort. You don't have to go after the other guy. If you want the other guy to fix your car, though, you will need to follow through with a claim with his insurance company.
Answered on Apr 29th, 2013 at 2:35 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
Unfortunately, if you drive ANY car on the streets, it has to be insured by law. If you don't have insurance, you are barred from collecting damages for personal injuries if you are in an accident, even if the other driver was at fault. You can make a claim for the damages to your car, however. Also, if the accident happened in an intersection and BOTH drivers claim the other driver ran a red light, unless there is at least one independent witness who can back up your own version of the accident, the insurance company for the other driver will be justified in blaming you and, if you sue the driver, you have the burden of proof. Without supporting testimony as the insurance company and their lawyers will know you cannot win your case.
Answered on Apr 29th, 2013 at 2:35 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If the collision was his fault it doesn't matter whether you have insurance or not.
Answered on Apr 29th, 2013 at 2:35 PM
Debt Collection Attorney serving Fresno, CA
at
Nunes Law, Inc.
Update Your Profile
You probably already realize California law requires all driver or vehicle owners to carry automobile liability insurance. If there was no insurance on the vehicle you were driving, there may still be coverage through your other policy covering the vehicles that you own which are insured. I would turn the letter over to your insurance agency first. If there was more than $750 in property damage or injury from the collision, you must also report the collision to the Department of Motor Vehicles. At this point I would say your bigger problems would rest with reporting to the DMV. If you receive a summons and complaint (lawsuit) you should contact and attorney for an in person meeting IMMEDIATELY.
Answered on Apr 29th, 2013 at 2:34 PM
Thomas Edward Gates
If the other party ran the red, they are at fault. His insurance company is responsible for the damages, not yours.
Answered on Apr 29th, 2013 at 2:34 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Don't stick your head in the sand; respond to the insurance company.
Answered on Apr 29th, 2013 at 2:33 PM
Personal Injury Attorney serving Atlanta, GA
at
Gregory S. Shurman, LLC
Update Your Profile
If the accident was the other driver's fault, they will repair the damage to your vehicle, regardless of whether you had insurance on it.
Answered on Apr 29th, 2013 at 2:32 PM