Legal Question in Personal Injury in California
Uninsured and Unemployed
Would you please advise me on what kind of legal defense I have, I was involved in a non-injury automobile accident. Uninsured on the day of the accident. I was making a left hand turn when I was broad sided by a speeding oncoming vehicle. Obviously my license will be suspended for one year. The owner of the other vehicle was not driving, the young man whom was in the driver position fled the scene of the accident before I could get his identification. Without mentioning the other driver the accident was reported by the owner of the vehicle to her insurance company?
3 Answers from Attorneys
Re: Uninsured and Unemployed
regardless of whether or not you were insured at the time of the accident would not limit your recovery of your vehicle's property damages if you were not at fault. therefore, you should file a claim against the owner of the vehicle, mentioning someone else was driving at the time under "the permissive use" doctrine. if you would like further assistance, feel free to email me directly with more details.
Re: Uninsured and Unemployed
If you made the left turn, you're pretty much 100% at fault. If it's only property damage, the registered owner of the other car would have a PD claim against you for the car repair and a rental.
If the owner uses his ins. co, then they could come after you for the same claim. If you can't pay it all, you could work out some type of payment plan.
Re: Uninsured and Unemployed
In California once it reasonably appears safe to make a left turn you can do so. At that time the vehicle making the left turn has the right of way.
Also you should insist on knowing who was driving the other vehicle. That person may not have been a licensed driver, or may not have been a permissive driver. You may have several possible defenses. If you can afford to hire an attorney then you should do so. If not at least get a consultation with an attorney to find out what defenses you have.