Legal Question in Traffic Law in California

Accident where neither party had insurance

I was in an accident and was rear ended by a driver without insurance. i had no insurance at the time and hit the person in front of me. The person i hit has $450 in damage to their car and will submit an accident report to dmv if it is not paid. i will lose my license for a year if this happens. the person that hit me told me they would take care of my damages and the car that she forced me to hit. The person that hit me will not return either one of our phone calls since she received the estimates. i am now paying the $450 to the person i hit so they won't contact dmv so i can keep my license. my car has $3000 worth of damage because i was in the middle. How do i get the person that hit me to pay?


Asked on 10/31/06, 12:00 am

1 Answer from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Accident where neither party had insurance

I would have been less worried about the person who's car you hit than you were for two reasons. First, you may not have had any liability to him/her. Second, unless the damages are over $1,000 or someone was injured, DMV would not care. (This is not to justify you driving without insurance, but just to let you know that your concern was unwarranted.) You can read about the DMV SR-1 and SR-19 at my blog, http://www.calpiblog.com.

As far as the other person, if they do not pay you voluntarily, you may have to consider a lawsuit in small claims court. You can read more about this at my blog, http://www.calpiblog.com and at the court website, http://www.courtinfo.ca.gov and click on small claims.

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Answered on 11/06/06, 6:48 pm


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