Legal Question in Personal Injury in California
auto accident involving pedestrian no insurance
i hit a man pushing a cart after preceeding to go at a stop sign i explained to the cop that i was fully stopped & barely hit the cart enough to tip over i did not run the stop sign, over the cart, nor speeding. he said the man was well known & he was not a good guy & that some people like to milk the system, but that was all he could tell me. i later find out my insur had been can. so i informed his attorney of this in writting. after 3 mo. i rec a message on my phone "hi this is the man u hit, you are not off the hook, my lawyer will be contacting you & i am filing a civil suit. so in your opoion and past practice what is the worst that can happen? i admit i was at fault for not having insurance so i assume i will be liable for his med bills. will i be able to make a monthly payment to this man? & at what % of my wages? everything i own i still owe on (house, car etc.) do i have to file bankruptcy? thank you for your time.
2 Answers from Attorneys
Re: auto accident involving pedestrian no insurance
the worst that can happen is you lose the lawsuit and have to pay him whatever he can convince a court the case is worth. A bankruptcy will eliminate debt.
Re: auto accident involving pedestrian no insurance
It seems unlikely that this person would be contacting you if he were represented by an attorney. If he contacts you again ask for the name of his attorney.
You have some options available to you. You could offer some token sum to settle the case. $200 to $500.
You could Hire an attorney to represent you. This would cost you several thousand dollars.
If you have a home owner's or renter's policy contact the agent and explain the problem. The insurance comapany may at least provide a defense.
You could discharge the debt in bankruptcy, but it is still too early to consider that option. After this case is settle one way or the other then consider the possiblity of bankruptcy.
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