Legal Question in Traffic Law in California

Passenger injured during rollover

My husband was driving a friend to a work related event on a one lane road. He tried to pass a car in front of him but saw a car coming the other way so he pulled back into his lane in doing so the tire caught a pile of dirt causing him to lose control and go into the open ditch on the side of the road. The SUV then fliped 2 1/2 times landing on the roof. We thought we had insurance at the time but found out that it had been cancelled with no notice (we had forgot to pay). The passenger was injured but being active duty military all medical expenses were paid for and no loss of pay occured due to convelesent leave. He has recieved compensation from his insurance co. and is now filing against us saying that my husband was driving recklessly. The police report does not match with his accusation. He is asking for $25,000 for pain and suffering. An amount we can't afford. We have no real assets no house and a lower priced car. Does he even have a case against us? What can we do to fight him?


Asked on 5/29/07, 10:45 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Passenger injured during rollover

Even if you didn't pay your auto insurance, notice is required to effect a valid cancellation, concult an attorney. Unless you can hire an attorney to fight the case, you will be liable for the damages claimed in his civil lawsuit.

The court is not going to care whether you can afford to pay.

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Answered on 6/06/07, 2:24 pm


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