Legal Question in Insurance Law in California

Uninsured motorist

Last year my husband rear ended someone while passing over some railroad tracks in our city. The car in front of us stopped in the middle of the tracks causing us to hit her car, and causing the car next to her to pressed on her breaks almost causing another accident in that lane. We stopped and the other driver was fine and she apologized. The police came, and we exachanged information. We were unaware at the time that our insurance had expired, we had been without insurance for two weeks. We received a call from her insurance requesting we pay $5000 for bodily injuries caused to their client. Since we didnt have insurance are we required to pay? I have heard that since we rear ended her its our fault no matter what, can we argue this since we have witnesses that were at the intersection at the same time. And lastly wouldnt uninsured motorist cover her??


Asked on 2/19/03, 5:23 pm

1 Answer from Attorneys
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Uninsured motorist

Her uninsured motorist coverage would likely cover the loss, if she had it. Because you didn't have insurance doesn't mean that you are not liable for any injuries caused by your husband. He may have a (partial) defense that the person stopped abruptly in front of him for no reason. The car next to you may be a witness to the Plaintiff admitting at the scene that she was okay and not at fault. Feel free to call me with questions. Thanks for your question and good luck.

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Answered on 2/21/03, 8:20 pm


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