Legal Question in Personal Injury in California
no liability insurance
i was at fault in a traffic accident in california. there was only moderate damage to each vehicle and i intend to pay for the other vehicle's damages. however I do not have minimum liability insurance as required by law - i have been contacted by their attorney. what should i do?
3 Answers from Attorneys
Re: no liability insurance
Advise the other atty that you have no insurance. He can have his client use his own coverage or if the claim is small, you can try to work out a settlement with the other atty. If so, have the other driver sign a release for all bodily injury and property damage payments. You might also hear from the DMV about a license suspension.
Re: no liability insurance
Your lack of insurance is a matter for you, the DMV and the police to deal with; provided that you actually do pay for all of the damages you caused, it is not relevant to the other driver or his/her passengers.
There is a rule of professional conduct which bars their attorney from threatening to report you in order to gain leverage in the civil dispute. He is therefore very unlikely to make such a threat, and if he does you can tell him that you know he just violated the rule.
You should respond to the attorney and work out a settlement with him. If you like, you can insist that all communications be in writing.
You should keep one other issue in mind, though. The damage to the other car may not be the only thing you will be asked to pay for. If anyone was injured in the accident they will expect you to pay for their medical care, and this can become quite expensive even if no injuries were apparent at the time of the accident. If they make such a claim you will probably want to get a lawyer of your own.
Re: no liability insurance
I assume that by now the collision has been reported to DMV, so turn it over to your insurance or pay it to keep from having a 'claim payment' against you. Unless you are SURE they have not reported it to DMV, talk to your insurance company about the difference in consequence for you paying vs the insurance company paying it.