Legal Question in Personal Injury in California

Re: Car Accident - No Job

First, no one can sue you in criminal court except for the District Attorney and they would only care if you were drunk, left the scene of the accident, or committed another crime.

Second, your insurance company probably meant that the other person would come after you by filing a civil lawsuit. Your insurance company should defend you, and will pay a judgment up to your policy limits. That, of course, leaves open the question of how much insurance you have (or your partner pays for) and your assets.

If you are concerned that the other person's case may be worth more than your insurance, you should consult with an attorney. Even if you think you have no assets, someone is going to want you to sign an asset declaration, and maybe have your partner sign one too. You should not do this without reviewing it with an attorney.

Re: Car Accident - No Job

You didn't say when the accident occurred. If more than two years, then the other party can't sue you for her injuries, medical costs, etc. However, if her insurance company paid her and her bills -- it would have more time to sue.

Your insurance probably will cover most everything except the deductible. Unless you were intoxicated or on drugs or engaged in wholesale recklessness while driving, no criminal charges should be filed against you. If they're threatening criminal charges, that's a violation of the Unfair Debt Collection Practices Act, and itself might constitute criminal conduct.

By the way, they can't make you get a job, though I've found it helpful at times to have an income to put food on the table.

Re: Car Accident - No Job

If the defense is threatening criminal charges against you to gain a civil advantage, this would be a very serious violation of the Professional Code of Conduct and the plaintiff's attorney may be subject to discipline by the State Bar.