Legal Question in Personal Injury in California

Hitting an uninsured and unregistered vehicle

The other night as I was backing out of my driveway I hit the back quarter panel of someone's car. I have liability only insurance and have a valid driver's license. It turns out that the owner of the car is uninsured, his car is not registered, nor is it currently street legal. His license may also be suspended. He is unwilling to go to a bodyshop that I have chosen because he does not believe that they will do a good job on his vehicle. The quote he received from a friend for the damages is $450. I know that I am at fault for the damages to his car, but am I liable to pay for all of the damages and have no say in where he gets his car fixed? I would like to know if there is any room for negotiation because of his current status. Thank you.


Asked on 11/05/05, 6:35 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Hitting an uninsured and unregistered vehicle

Obviously, you are liable for the damages you caused. If he won't agree to take it to a body shop (either one that he chooses or one that you choose), how can you know the value of the damages? The only way he can collect, in that case, is to take you to small claims court. He will still have the burden of proving the value of the damages. I suggest you take photos of the car (if on the street or in a public area), and ask a neighborhood body shop to write an estimate to have something to go on. Or, you can report it to your own insurance carrier and let it handle it.

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Answered on 11/11/05, 5:51 pm


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