Legal Question in Personal Injury in California

Re: What happens when you get into an accident but have no insurance?

I agree with the previous answers -- you need a lawyer.

If your case goes to trial your lack of insurance will be irrelevant and the jury will not hear about it. All that will matter is who was at fault (you and the bicyclist may be each be found partially at fault, in which case the jury will decide what percentage of the fault -- and thus of the damages -- is on you) and how much money the plaintiff's injuries and other damages are worth.

To answer your first question, the penalty for driving without insurance is a one-year suspension of your driver's license, and probably a fine as well. The judge in your civil case will not have the authority to impose this penalty and if you weren't cited at the time the odds are that you got away with it. But be careful what you say in court and in your papers, since it is possible (though unlikely) that you will be charged and that your statements will be used against you to prove your guilt. Your defense lawyer will be able to minimize your exposure to this risk.

Please feel free to contact me if you want to discuss your case further.

Re: What happens when you get into an accident but have no insurance?

You should probably ask the court to give you more time to prepare the case, find a lawyer, and do so at once. This is not a matter you can handle yourself.

Re: What happens when you get into an accident but have no insurance?

The insurance issue in and of itself does not answer the question of who was at fault or what the defendant's damagages are. In fact, whether or not insurance exists is inadmissible, and may not be disclosed to a jury.

You must immediately contact an attorney, aggressively prepare for trial, and understand that a very large judgment may be entered against you. Do not delay in contacting an attorney TODAY who can help you with these issues.

Re: What happens when you get into an accident but have no insurance?

By now I'm sure you realize how utterly foolish it was not to insure your Lexus, and that, at a minimum, you need to hire a lawyer. Two factors will, however, work in your favor. First, the plaintiff is probably poor and will settle for a small sum. Second, his attorney will lose interest in a hurry when it is discovered you don't have insurance. Also, a good lawyer will probably be able to save your bacon by showing that the bicyclist caused the accident.

Re: What happens when you get into an accident but have no insurance?

Sorry to hear this happened to you. You will definitely need an attorney on board. You need to defend this vigorously. Without insurance, you will have to hire an attorney privately. I recently was hired by a defendant with no insurance which resulted in a negotiated settlement. I use to work for the insurance defense industry for many years, so I may be able to assist you. Hope it all works out well for you. Next time, make sure that policy is in place! You are not automatically at fault.

- Robert Mansour, MansourLaw.com