Legal Question in Personal Injury in California
I had a parking lot accident with another driver, both of us were backing out (less than 5 mph) and hit each others car. We both claimed we were at fault for not looking and would be responsible for our own damages(which were minor). I was uninsured at the time of the incident. She contacted her insurance company and I now have her insurance trying to collect from me the entire amount of her damages.
Because I was uninsured at the time, am I legally responsible for ALL damages to her and my own vehicle?
What steps should I take to resolve this?
3 Answers from Attorneys
No, your being uninsured only means that you could not collect for pain and suffering, which does not exist in this case anyway. Call her insurance carrier and find out why they conclude you are at fault and tell them off the record [not recorded ] that she fully admitted her fault so both of you agreed not to inform the insurance carriers. If she lied as to that, why do they believe her story of how the accident occurred? Ask what the vehicle damage is to see if she is being honest as to that. If you have no money, tell them that. If they do not back down, then all you can do is wait to see if she sues you and they you cross-complain against her.
One problem is that you were uninsured and the DMV will probably suspend your license for a year. It does not matter who was at fault in the accident. Another problem is that if you are sued in small claims court the judge will know you were uninsured and will prejudice him/her against you. If you do not pay a judgment related to a car accident DMV will also suspend your license for that. The insuranve compamy wants the ,oney it going to pay out or already paid out. It might accept 50% of what it paid. It sounds like the amount should be small and resolving it might be to your advantage given that your were breaking the law and that does affect the case even if it does not automatically makes you legally responsible for the accident.
Chances are that she will have her damages paid by her insurance company under the UM portion of her policy. However, her insurance company has the right to seek reimbursement from you.