Legal Question in Insurance Law in California
no insurance what should i do no money to pay back
I'm student, about a year ago i was in a car accident with one of my co-worker. In which the stop sign was coverd by a tree and i hit the other car.Being at fault, at that time I had no car insurance. i recevied letters asking to reinburst a large amount of money. my co-worker's was insured. Now they are asking me to pay them for her medical expenses. They are asking to 4,000 in the next 48 hrs. Should i settle out of court? or should i let judge decide? Apart from the fact that the lady i hit,insurance company is ask me to pay for her injuries about 38,000 which i have no money to pay. what are my right or opions that i may have?
2 Answers from Attorneys
Re: no insurance what should i do no money to pay back
The insurance carriers are making what is called a subrogation claim. They paid out benefits for one of their policy holders and the law allows the insurance carrier to seek reimbursement from the person who caused the injuries. They literally stand in the shoes of the accident victim and have the same right to sue you that your coworker has.
If you are at fault, there isn't a lot that you can do besides try to negotiate a settlement. You might try explaining your financial situation and they might just let it go. If they do sue you and you do not settle, you will probably lose and a judgment could be entered against you. With a judgment, they could do a wage garnishment or take your property.
If you can't negotiate a settlement, you might consider bankruptcy as a last resort.
Re: no insurance what should i do no money to pay back
Perhaps you should see a lawyer about your "fault" if the stopsign was obscured. There is a percentage of fault system in Calif. and the city/state/homeowner might be partly responsible. That won't completely exonerate you, but might reduce the amount you would owe. A lawyer can negotiate this for you. If you don't want to fight this, get some bankruptcy advice.
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