Legal Question in Personal Injury in California

Re: Have insurance but don't want to claim, am being sued.

yes, you can hire your own lawyer and not tell the insurance company. be prepared to pay the lawyer between $10,000 and $20,000. also, if you fail to report it to your insurance company they can refuse to cover the accident. if you lose in court the plaintiff can take your house. good luck Einstein

Re: Have insurance but don't want to claim, am being sued.

Thanks for your question. If you do not have a written Release by the person you hit, accepting the $400.00 as full and final payment for property damage and all personal injury, you will be liable. If you have insurance, contact them immediately. They will provide an attorney to defend you. After all, that is what you pay them for. As for the SR-1, you should file one as soon as possible. Good luck.

Re: Have insurance but don't want to claim, am being sued.

Basically you can handle this yourself and defend this yourself. At this point you will have to deal with the other driver's attorney and basically defend a bodily injury claim. This may be a little more than what most people can handle but if you want to try and keep this away from your own insurance company, you might consider hiring your own defense asttorney at your own expense. Some of them will work on an hourly basis. Technically, with the other driver claiming injuries, you will need to file an SR1 form with the DMV. The other ddriver may file the SR1 with your information on it and then the DMV may contact you for your form. Technically, the DMV can suspend your license for simply not filing the form. You can always claim that the injuries are fraudulent but that argument may be weak. If the DMV contacts you, you still may need to give them your insurance information, to prove financial responsibility. If the DMV then confirms that information with your insurance company, your insurance company will now know of the accident. THE DMV is not going to suspend your license just because of this accident unless you have several other points already on your record. Typically, the DMV will first schedule a hearing where you can present evidence and your side of the story if your license is in jeopardy. I would get a current copy of your driving record if you do not have one. I would also keep copies of the estimates and photographs of the other driver's car and your cancelled checks. Was your car damaged? Keep copies & photos of any repair estimates to your vehicle and take photos of your vehicle if there is no damage. I do some of this type of work and if you are in the Orange County area, I would be glad to speak with you further.

Thank you, Sam M. Eagle, Attorney at Law,

10101 Slater Avenue, Suite #218, Fountain Valley, Ca 92708; phone: 714) 963-5123 fax: 714) 964-9993