Legal Question in Personal Injury in California
Uninsured Motorists
What legal rights do I have as an uninsured motorist involved in an automobile accident?
I am unemployed, and childcare for a brother whom lost his wife to breast cancer. While taking one of the children to school, I was making a left hand turn, miscalculating the rate of speed of an oncoming vehicle. My insurance was cancelled at the time of the accident.
My automobile is a total loss and I am recieving letters from the insurance company of the other driver requesting payment for reimbursement.
Would you please advise me?
1 Answer from Attorneys
Re: Uninsured Motorists
You're not going to like this answer.
Since you are at fault for the accident, you are responsible for paying all resulting damages. If you had insurance then your insurer would cover these damages up to your policy limits and would defend you in a lawsuit. Because you lacked insurance, you will have to pay the damages yourself and will either have to pay for a lawyer or represent yourself in the event that there is a lawsuit.
If you can afford a lawyer, get one IMMEDIATELY to try to negotiate with the insurer. You should also seriously consider bankruptcy, but you will want to consult with a bankruptcy lawyer to decide if this is the right step to take. (This may prove unnecessary, since the insurer may be willing to accept a small settlement if the alternative is to get nothing after you declare bankruptcy.)
Another problem you will likely have to face is that the civil penalty for driving without insurance includes a one-year suspension of your driver's license.
Good luck.
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