Legal Question in Personal Injury in California

Someone driving my car was uninsured and rear ended someone

My fiancee was drove me to school in my car and rear ended someone, at a stop, low speed. The damage to my car was very minimal, chipped paint on the bumper. My fiancee said the only visible damage to the other car was the light that lit the lisence was broken and the car was old.

The driver of the other car was a teenage girl under her parent's insurance (Geico). She called later tha night and my fiance gave her his name and mine. A year later we get a letter from Geico saying we owe $10,000.

The insurance company that covered ou car at the time went bankrupt and not my car is under my parent's insurance.

What are our options? We know we have to pay for the damages but we don't think it was $10,000 worth.


Asked on 7/13/02, 6:54 am

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Someone driving my car was uninsured and rear ended someone

There is a State Operated Fund to assist people whos insurance companies went bankrupt. Contact the Department of Insurance. http://www.insurance.ca.gov/

Joel Selik

www.4thelaw.com

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Answered on 7/15/02, 2:54 pm
Terry A. Nelson Nelson & Lawless

Re: Someone driving my car was uninsured and rear ended someone

You may be able to get help from the insurance fund run by the CA Insurance Commissioner, plus you may want to get help from an attorney for that, and to deal with GEICO to keep them from suing you. Their demand sounds unreasonable. Call if you're interested in discussing it. 714-960-7584

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Answered on 7/15/02, 3:03 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Someone driving my car was uninsured and rear ended someone

To supplement the other answers. Your car WAS INSURED, the insurance company went out of business due to bankruptcy. When you contact the insurance commission be sure to tell the person their that your car was insured. Have the name of the insurance company available and the policy number for your policy. If you purchased the insurance through an insurance broker have that information available.

Also let Geico know that you were insured and the company went broke and that you have contacted the state insurance commission. Then keep them upto date on what is being done by the insurance commission.

If you have to pay because your insurance company is not covered by the California fund, and you have to pay you may be able to negotiate a reduced amount.

First ask for an itemized statement of damages. This will give you something to use when negotiationg a reduced payment. Then offer a lump sum payment, which you can pay immediately. Explain how you will be getting the money, such as a loan from friends and family, sale of some property. Also provide a statement of your income and assets.

You should consider hiring an attorney to negotiate the settlement.

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Answered on 7/15/02, 4:02 pm


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