Legal Question in Personal Injury in California

Re: Automobile Accident

Turn this matter over to your parent's insurance company and ask them to defend you under their policy. If you have been served with a summons and complaint, you only have 30 days to respond or a default judgment will be entered against you. If your parent's insurance company will not defend, then you need to talk to an attorney about this matter immediately.

Re: Automobile Accident

Can you win this case? Maybe. If the officer can explain why he believes you weren't at fault and if there is evidence to support his analysis you might very well prevail. In order to do this you really should get a lawyer, since defending against such a claim is not a simple task. You will also need to pay this lawyer, and if you have no source of funds you may be stuck.

Is bankruptcy an option? Yes, but you need to be careful about timing. The president recently signed bankruptcy reform legislation which will make it harder to wipe out debts than it is now, and this legislation will take effect in October. You should also carefully consider the ramifactions of bankruptcy, which will affect your life quite a bit for several years.

There are other options available, though. If you are still dependent upon your parents, their auto and/or homeowner's insurance might pay for your defense and for all or part of the judgment. Depending upon the circumstances of the crash there may be other insurance available. You can also try to negotiate the amount of the claim down, which may end up being cheaper than fighting -- even successfully -- to prove you aren't to blame.

Consult with a lawyer, talk to a debt counselor and see what your options are. Act quickly, though. If the insurer has already filed suit then your time may be ticking away. And don't forget about the looming bankruptcy changes.

Good luck.