Legal Question in Traffic Law in California

I was involved in a minor car accident, where I stopped short behind the car in front of me, and then the car behind me rear ended me, pushing my car into the front car. Mine was a rental, and I didn't get the insurance. Unfortunately we didn't file a police report or take photos. The woman behind me lied to her insurance company and told them I reversed into her, and now they are trying to collect $1800 from me for the damage to her car. The man in the front car told his insurance basically what I said. I'd like to dispute it in small claims court, but am wondering a. Could they penalize me retroactivelyfor not having insurance? And b. Do I have a decent shot of winning since the only evidence I have is my word and the front driver's word against hers? Her insurance offered me a reduced payment if I pay in 5 days, so if I'm not likely to win I'll just pay the lower amount and chalk it up to a hard lesson. Thankyou for your help.


Asked on 3/29/13, 8:06 am

1 Answer from Attorneys
Rob Reed Law Office of Robert A. Reed

You can get penalized for driving car uninsured in CA. This being said, if the in front of you says he only felt one impact, you're in good shape on liability. Get the driver of the car in front to sign a brief statement, notarized saying he felt one impact... Maybe even heard an impact from behind first and then felt your impact with him after.

Supply that to the ins. Co. For the car behind you, and they should leave you alone.

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Answered on 3/29/13, 9:09 am


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