Legal Question in Personal Injury in California
No Insurance in auto fender bender
I rear-ended a car after I was rear-ended myself on the freeway on a rainy day. The person who rear-ended me did not stop. I was not insured at the time. I stopped and gave my driver's license to the person I rear-ended. That individual and I both said we had no injury. There was no police report, medical treatment at the scene, or determination of fault, and we both drove off. I have just received a notice from a collection agency that I owe $35,000 to the insurance company. The actual damage to his car was to the bumper only, at most $5,000. I was never summoned to appear and received no notice of judgement against me. Please help with my situation!
5 Answers from Attorneys
Re: No Insurance in auto fender bender
An attorney may be able to help, get what appears to be a judgment set aside, and get you protected from collection of more than the actual value of the damage. If you want to discuss facts and fees, contact me.
Re: No Insurance in auto fender bender
from the facts given so far, it appears you would be entitled to set aside the judgment and then defend your position on the merits of your case at a later time. further, you may have a very valid defense in claiming zero liability here based on the fact that your "action" in hitting the other driver was not volitional or your fault in which negligence is predicated. if you would like further legal assistance and/or representation in this matter, feel free to email me directly with more specific facts to your case.
Re: No Insurance in auto fender bender
The driver of the car you struck, filed a claim with his/her insurance and collected under the uninsured motorist provisions of the policy. the insurance co. is trying to collect from you. You will need legal representation.
Re: No Insurance in auto fender bender
Thank you for your posted inquiry.
It doesn't sound from your description that you have a judgment yet, and you would have to be personally served for there to be a judgment against you.
As a result, you have a collection agency threatening to collect on a debt. You can do all of the following: (1) Negotiate with them to pay a lesser amount, including demanding proof of the underlying debt; (2) Do nothing, and defend any lawsuit, or wait for the three year statute of limitations to run, releasing you from a lawsuit, or (3) declare bankruptcy.
Any of these, or a combination of these, might be attractive to you, so I leave these for your consideration.
I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.
Re: No Insurance in auto fender bender
Assuming there was no damage to any other part of the car but only to the bumper, and assuming there was no injuries involved and there was no lawsuit filed against you, then this is merely a scare tactic by what appears to be from an unethical and perhaps extortionist collector.
You should immediately write a letter to the collector clearly disputing the debt and demand proof of damages. Make sure the letter is mailed via certified mail and within 30 days from the date of collector's notice, so they will not have the opportunity to ruin your credit.
Visit that person if you know the address and take picture of his/her car, if it is still unrepaired. If he/she talks to you, then ask for a written or recorded statement about injuries and damages. Don't be intimidated and be very aggressive. This looks like a highway robbery, don't become the victim of it. If you need help call (323)782-0099 or e-mail Good luck.