Legal Question in Personal Injury in California

Hi my name is jenny Martinez, and I have a question regarding a car accident my husband was involved in about 7 mths ago. In the street my husband was in there were only 2 lanes, on the lane he was in was a 16 wheel truck with the emergency lights on; there was another car behind it that just stopped behind it so since my husband did not see the other vehicle blinker on he decided to use the other lane to evade the truck. When my husband drove onto the other lane and was nearly past the small car behind the truck, the other driver decided to use that same lane as well, resulting in a back impact to our car with her front headlight and corner bumper. My husband gave her our insurance information and left. When my husband got home later that night a neighbor told him a police officer had gone there looking for him and left a message for him to report to the nearest police station so we did. when we got to the station and told them what happened they told us my husband was right in giving his insurance information and that there shouldn't be charges against him so we left. however, 2 weeks later we found out that our insurance had expired and they wouldn't pay for the damage since it was during the time of expiration. It has been 7 mths later and we received a letter from the police station for my husband to make an appearance because they are making an investigation, the problem is my husband is now uninsured and does not have a driver's license and we don't know what to do. should we appear? will they take our only source of transportation for not having a license? please help us we desperately need some advice. thak you for your time and attention.


Asked on 2/23/10, 10:58 am

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

The police will probably not take your husband's license. The court and the police just want to make sure your husband will get vehicle insurance, and once he gets insurance and shows proof of insurance to the court and to the police, they will probably drop the charges, but there may be still a fine imposed of some amount. You may also have to pay something towards the other parry in the accident, howeveryou can argue that the other person was comparatively at fault, which would reduce the amount of money you would have to pay them. Good luck.

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Answered on 2/28/10, 11:26 am


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