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CA, car accident, No insurance, liability unknown...


MJLamberson

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Two days ago I was involved in a pretty bad car accident, My Z, and the other drivers honda accord are totaled. I was driving without insurance, (bad choice I know, but dare I say I had to? times are tight), The other driver has insurance.

 

The police did not file a police report for whatever reason I do not know, I will be calling tomorrow to find out why.

 

I think He caused the accident, He thinks I caused the accident, and the one whitness says the accident was caused by another car that did not get hit yet caused the accord to swerve around and into me, that car did not stop.

 

The insurance has not yet settled on who is liability, but they are appraising my car tomorrow.

 

I was put in the hospital because my knee got jacked up, Im having to take time off work, the other driver was fine.

 

I have no idea how this is going to turn out. Will I loose my Drivers license for driving without insurance? What if the insurance sides with the accord driver? I have no way to pay for anything! hospital bills for me, repairs for him... Bankruptcy ?

 

 

My Z is completely gone, the frame is so gone it isnt even funny, My driver side front wheel is practicaly in my firewall. But thats the least of my worries.

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Will I loose my Drivers license for driving without insurance?

Well the least you will get is fined

What if the insurance sides with the accord driver?

That would suck, you would have to pay for everything..

 

Bankruptcy at age 18?

Parents could help?

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Well the least you will get is fined

 

That would suck, you would have to pay for everything..

 

 

Parents could help?

 

I could handle a fine if they could work out a payment plan, but I coundnt handle Having to repair the other car, I have been on my own for a while, parents arnt in the picture, and they couldnt afford to help even if they wanted to.

 

If the insurance decides Im not liable everything will be better, but Im not 100% sure they will.

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Guest Rolling Parts

Sorry to hear you you got beat up and the Z was totaled.

Best of luck with your recovery. :2thumbs:

 

I have "liability only" which is all that I can afford for my 3 Z's (so even having insurance in an accident means that my car is still toast and I have no extra medical for me). And yea, that makes me drive so defensively on the road that it's embarrassing...

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Education is sometimes learned the hard way. Your doing a good job of it the hard way.

 

From your parents perspective, your not very bright by driving without some form of insurance. I'm sure that they have some other word to describe "not very bright".

 

From the legal perspective, your in deep do do, especially if it is your fault. Not knowing the circumstances of the accident I can't comment. I suggest you research online the laws concerning driving, and as far as legal culpability your pretty much judgement proof although that won't stop an insurance company from coming after you. Bankruptcy won't discharge all of that debt but it will wipe out about 85% these days. Not a good option IMO.

 

My advice to you is to not worry about it, it'll all work out in the end. Keep a level head, think (something you haven't been doing otherwise you'd of had insurance), research, get a game plan, and move forward. You might consider consulting an attorney, most do it for free initially, that will give you some idea of what your options are.

 

Oh, and get some insurance next time and quit driving without it, your driving up the rates for the rest of us that do have it.

Edited by dr_hunt
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Glad to hear you are alive and with us. Being 100% honest is your first step.

Even if your at fault I seriously doubt the insurance company is going to come after you. It will likely be obvious to them you have no money and that is why you have no insurance. There is no gain for them and they won’t get anything from you anyway.

If anyone sues you, it will likely be the other driver in civil court. Like OJ was.

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My brother has nothing and yet managed to get sued for borrowing a car with no insurance and rear ending a lexus. I wouldn't consider you safe at all. In indiana you would at least lose your license 6 months and get a hefty fine.

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Education is sometimes learned the hard way. Your doing a good job of it the hard way.

 

From your parents perspective, your not very bright by driving without some form of insurance. I'm sure that they have some other word to describe "not very bright".

 

From the legal perspective, your in deep do do, especially if it is your fault. Not knowing the circumstances of the accident I can't comment. I suggest you research online the laws concerning driving, and as far as legal culpability your pretty much judgement proof although that won't stop an insurance company from coming after you. Bankruptcy won't discharge all of that debt but it will wipe out about 85% these days. Not a good option IMO.

 

My advice to you is to not worry about it, it'll all work out in the end. Keep a level head, think (something you haven't been doing otherwise you'd of had insurance), research, get a game plan, and move forward. You might consider consulting an attorney, most do it for free initially, that will give you some idea of what your options are.

 

Oh, and get some insurance next time and quit driving without it, your driving up the rates for the rest of us that do have it.

 

 

This is a great response, a little harsh, but honestly, probably something that you needed to hear.

 

Unfortunately for you, you are an 18 year old guy, so this means that you should really research the laws and not point fingers until you are certain that you are in the clear as we (I was an 18 year old guy not too long ago) immediately get stereotyped into being hot headed, speedy drivers, which is probably not your case. You may be lucky (very, very luck) and not had a speeding ticket since you started driving and get a far lesser penalty, but if you are like most 18 year old guys, you probably have one ha ha.

 

I was in a similar experience when I was 17 but I had insurance, however, we both pointed fingers at who was in the wrong and due to my age and lack of driving experience (in his eyes) I was in the wrong. I was T-boned at a stop light, I was foolish and turned at a yellow light right before red, I was out in the turn lane before it was red (the actual lane that you use to cross traffic, not the stop line), which is still illegal, the lady that hit me actually ran the red light, meaning she passed the stop line after the line was red, so technically she was at fault, but like I said, I was 17 and of course due to my age and "lack of driving experience" I was handed a ticket for failure to yield. I haven't had a ticket in almost 5 years and my rates are just now starting to drop.

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Glad to hear you are alive and with us. Being 100% honest is your first step.

Even if your at fault I seriously doubt the insurance company is going to come after you. It will likely be obvious to them you have no money and that is why you have no insurance. There is no gain for them and they won’t get anything from you anyway.

If anyone sues you, it will likely be the other driver in civil court. Like OJ was.

 

 

 

Sorry to hear what happened,I do not know the rules in CA, but here in OZ the police will fine you,possibly suspend your liscense. The insurance company will sue you and Garnish your check for payment

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Im 18 as well and have had my "incident" with the police and the best thing to do is just be honest and humble. Dont try to make excuses or justify things, just tell it how it is and express your apologies. Its probably all you can do at this point.

 

What kind of car was the other person driving?

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Education is sometimes learned the hard way. Your doing a good job of it the hard way.

 

From your parents perspective, your not very bright by driving without some form of insurance. I'm sure that they have some other word to describe "not very bright".

 

From the legal perspective, your in deep do do, especially if it is your fault. Not knowing the circumstances of the accident I can't comment. I suggest you research online the laws concerning driving, and as far as legal culpability your pretty much judgement proof although that won't stop an insurance company from coming after you. Bankruptcy won't discharge all of that debt but it will wipe out about 85% these days. Not a good option IMO.

 

My advice to you is to not worry about it, it'll all work out in the end. Keep a level head, think (something you haven't been doing otherwise you'd of had insurance), research, get a game plan, and move forward. You might consider consulting an attorney, most do it for free initially, that will give you some idea of what your options are.

 

Oh, and get some insurance next time and quit driving without it, your driving up the rates for the rest of us that do have it.

 

Let me play Cassandra for a moment. First, I suggest you and your parents take a very deep breath and take stock. I will bet that in some office or two the following questions are being reviewed:

 

1. Is this 18 year old living with his parents. Is the Z registered to them or to Jr?

 

2. Exactly what are his personal injuries? Exactly what are the injuries of the "other party". Did she lose any income, is she now frightened of vehicles, does she stay awake at nights. Does she develop sweats, cold chills, or black out when her TV shows a car chase or accident? Does she have insomnia or other emotional/physical damages as a result of the accident?

 

3. What is the opinion of the investigating police officer? To whom was "fault" assigned by the officer?

 

4. If Jr does not have insurance and is living with his parents, perhaps they have insurance.

 

5. WAS SPEED, ALCOHOL, DOPE OR CELL PHONE USE A FACTOR IN THE ACCIDENT?

 

The flow chart is something like this: If you are uninsured, injured in accident in which you are faultless, and have suffered severe physical and/or emotional damages and lost wages, you can not get an award of "pain and suffering". Actual out of pocket medical expenses and "that's it". If you are "under the influence", driving over a speed limit, or using a cell phone while driving or "texting/sexting" while driving; determined to be "at fault", and someone..... even yourself... is injured; then, you have some exposure to jail time.

 

If alcohol, drugs, speed, or cell phone use by you is a factor in the accident, and the other driver has suffered ANY injury at all, then you have some exposure to spending some time in the slammer, losing your d/l for a substantial period of time, and mortgaging the family farm to pay for your defense [or something like that].

 

Now I suggest you and your parents spend some quality CYA time together gathering as much information [photos of the accident scene, photos of both vehicles, photos & medical bills that you have incurred and much, much more]. Get the facts. [The police report is your first library stop.... get it now not later].

 

Now, the worthless advice of this incompetent attorney who does not know all the facts is:

 

SPEND $300 FOR AN APPOINTMENT WITH A GOOD CIVIL/CRIMINAL DEFENSE ATTORNEY AND GET HIS ADVICE AS TO YOUR REAL EXPOSURE. Don't rely upon comments on the internet.... such as this comment... as direction as to your next step.

 

As I said before, let me play Cassandra.

 

g

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Thanks for all of your advice and tips, Here is an update, with a twist:

 

Thos other driver is lying to his insurance company (or maybe he does not have insurance) He is saying that he was a passenger in the car and his friend was driving, which is bull, he was driving, and there was no passenger, his "driver" also has two whitnesses that didnt exsist.

 

For whatever reason the police did not file a report, but I am getting in touch with the responding officer so he can tell the insurance that there where no passengers in any car... we will see where this goes.

 

But yeah, Ill post some pics of the Z in a few minutes.

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Oh man, this sucks to hear MJ. Hopefully the only thing you'll lose is the Z, but it sounds like it wasn't really your fault anyway. Bah! :cry2:

 

Keep your fingers crossed they'll give you some money for it. I think the lawyer might be good advice...otherwise you might be able to get a "public pretender" (defender) but I think they still cost $$ if you're found at fault.

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