Legal Question in Insurance Law in California
Car accident w/out insurance, being sued?
I was in an acciedent over a year ago and rearended a truck in front of me. Unfortunately at the time my insurance had lapsed and i ws not covered. In the beginning i attempted to try and set something up with their insur. to make payments but every time i spoke with them the amount increased by 100's. I stopped contact and now out of the blue i recvieved a message at my old place of residence saying to get a lawyer and stating the last 4 digits of my SSN. Should i be worried? I do not own anything. I work, pay rent , my car payment, daycare and take care of my daughter and I. I live paycheck to paycheck and am very scared of what the outcome of this may be. Please any advise would be greatly appreciated. I need to know what to expect that can happen worst to best. Note: the car damage i caused was under 5,000.
2 Answers from Attorneys
Re: Car accident w/out insurance, being sued?
You'll be living 75% of paycheck to 75% of paycheck.
Re: Car accident w/out insurance, being sued?
What likely happened is the other vehicle's insurance carrier paid to repair the vehicle under an ininsured motorist provision of the policy, and now will seek reimbursement from you. Or, the motorist him/herself wants money.
The vehicle owner has 3 years to sue for property damage. Hopefully, there was no injury but it's not unheard of to allege injury as well.
If there is a lawsuit, it should be filed in small claims court, but you never know. You must be served with the lawsuit personally, or if you have an adult living in your residence, that person can be served on your behalf after the process server exercises diligence and can't find you. Then the process server must also mail a copy to you. Also, you can be served at work.
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