Legal Question in Personal Injury in California

Involved in a car accident without insurance.

I was in a car accident about 2 mos. ago.I was pulling into my driveway while I was pulling in, still in the street, a neighbor in a big FORD F150 hit me from behind. We did not report the incident at the time because she was driving her boyfriends truck and insisted on dealing with it the next day. I was driving without insurance but the incident was not my fault. Now 2 mos. later the DMV is suspending my license for a year for driving without insurance and her insurance is asking for payment of the accident. My car was greatly damaged compared to hers. Her insurance never contacted me nor was there ever a police report how was it assumed it was my fault and could i fight this?


Asked on 10/10/05, 7:13 pm

1 Answer from Attorneys
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Involved in a car accident without insurance.

First, it is unlikey that the police would have come out on a "property damage" only accident. You would have needed to report this as an injury accident. 2nd, in Calif. you need at least liability ins and the DMV can suspend your license regardless of fault. I think you can get a restricted license for a year and then show proof of ins. to get your license back. 3rd, a good witness is better than the police. If you were rear-ended and the damage supports that, you can sue the girl and her boyfriend in small claims court for your damage. She must have told someone you did something wrong. If you are sued, you'd have to defend yourself or hire your own attorney.

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Answered on 10/20/05, 6:34 pm


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