Legal Question in Personal Injury in California
Car Accident
My wife was in an auto accident and one of the parties that was involved in the accident has sent us a claim because of her being uninsured at the time. They told us to reply by Monday or else they could suspend her license. Is there any way we could fight this or put a hold on this claim? Also, could the other parties, if they decided to, file a claim against her as well, for being uninsured?
2 Answers from Attorneys
Re: Car Accident
Your wife was the uninsured person? I think that it is your question. She is not liable for being uninsured. But, if she is liable (specifically her negligence caused injury and damage to others) she is liable and hasn't insurance to cover that liability. If anyone actually sues her, and she was not negligent, you will nevertheless have to hire a lawyer to defend her, or, as a practical matter she will lose the case.
Re: Car Accident
Hard to figure your actual questions.
Your wife would be liable if she was responsible for causing the accident. That has no relation to being insured.
The other side cannot suspend her license, but they can (and should) file a police report, and a DMV report, which will eventually result in suspension.
She needs an attorney to help her, because of serious consequences....from money, to criminal action, to losing the right to apply for a license, to huge escalation in insurance rates (assuming she wants a valid license, and valid insurance).
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