Legal Question in Insurance Law in California

Driver with no insurance not at fault

Driver with out insurance runs a stop sign, because the sign was covered over with foilage from city maintained tree/bushes. but because driver had no insurance the responsibility has now become his. doesn't the fact that had the sign been visable, the driver would have stopped and the accident would have been avoided. also shortly before this accident, there had been another one, because of the same untrimmed foilage.the ''lookie loos'' from that one will still there when the second accident happened. wouldn't that at least make the city, responsible? Is there a fine for not having auto insurance at time of accident. because now the driver is being sued for 3/4 of a million, a sume he'll never aquire. and can this driver get his license restored after this?


Asked on 11/13/05, 7:35 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Driver with no insurance not at fault

The driver should consult with an attorney about filing a cross-complaint seeking indemnification from the city and from anyone else who might have been responsible for pruning those trees.

The penalty for driving without insurance includes a one-year license suspension. After the year is up, the driver can be re-licensed.

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Answered on 11/23/05, 5:34 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Driver with no insurance not at fault

An attorney who has met with you and reviewed all the facts (unlike me) might well recommend contacting the plaintiff's lawyer and advising them of the unsafe condition of public property. While getting sued is a risk you assumed by driving without insurance, the plaintiff's lawyer would rather go after the city or whoever was supposed to maintain the stop sign.

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Answered on 11/23/05, 6:12 pm


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