Legal Question in Personal Injury in California
I was recently involved in a hit and run accident. It was my fault. I didn't have insurance or a license. The victims insurance company is claiming 15,000 in damages. I'm broke. Can I go to jail? Can my wages be garnished? Can my bank account be raided. Can I pay in installments. Help
1 Answer from Attorneys
The insurance company's demand is separate from any criminal action you might face. You can't be jailed for being unable to pay, but you can for leaving the scene of an accident. I'm not sure whether you can be jailed for not having a license, but there is surely some sort of penalty for this offense.
If the victim sues you and wins (she would be the plaintiff even if the insurer is financing the lawsuit), then she will be able to garnish your wages to collect on the judgment -- which may be for a lot more than $15,000. If $15,000 is the victim's policy limit, her actual medical bills may be much higher. You can also be ordered to pay thousands of dollars for property damages, lost wages, pain & suffering, etc., But even if she doesn't sue you, if you are convicted of leaving the scene you will likely be ordered to pay a similar amount in restitution.