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

[Cable]

Last I heard, in California if you are in an accident and you don't have insurance, you are automatically at fault, regardless of actual blame.

 

You might want to double check the laws though.

[Jon 74 260Z]

For those keeping score at home, the "huge percentage" of those who drive without a license or insurance in CA that are "illegal citizens" is.... 100%.

 

But you're right in that if someone does something stupid, illegal and/or dumb, it doesn't give me the right to ridicule said person.

 

I already had that right. It may, depending on my mood, give me incentive to ridicule, however.

[Gollum]

I meant moral right, not legal right. You're putting someone down for a poor choice they made. He caused no accident himself. To me you might as well be ridiculing him for his engine choice.

 

Edit: I'm done in this thread btw. I have no reason to risk banning myself from this wonderful site for trying to help promote a friendly atmosphere this site is known for.

[wheelman]

Editted: content removed by Wheelman

[Cable]

Like Dan I was planning to stay out of this discussion but I can't any longer.

 

First off Project_BBZ is correct, if you are in an accident in California and don't have insurance you are automatically found at fault.

 

Second, I find it hard to believe anyone on this board thinks any of the comments in this thread have been harsh. With the exception of Dr. Hunt, Jon_74_260Z and Dan everyone has only expressed simpathy for Mr. Lamberson.

 

Third, I've held my tongue to this point because I'm one of the "few" people who've been in an accident where the other driver didn't have insurance, infact I've been hit several times (6) over the years and only twice has the other driver had insurance. So I speak from experience when I say IT IS THE HEIGHT OF ARROGANCE, STUPIDITY AND SELFISHNESS TO DRIVE ON PUBLIC STREETS WITHOUT INSURANCE!!!!!!!!

Not once in all the uninsured accidents I've been in did I come out anywhere close to whole after all the dust settled, and that's taking into account that I've carried uninsured motorist riders on my insurance policies 100% of the time, at extra cost to me.

Maybe this accident wasn't Lamberson's fault, that's beside the point, it could have been. If it is then how is the value the other guy lost going to be restored to him????? Lamberson has no resources to make it right!!!!! The other guy is left to twist in the wind!!!!! Is that right, just because Mr. Lamberson wants to enjoy a car he obviously can't afford?????

 

My advice to Mr. Lamberson is to get your priorities straight, ride the bus until you can afford all the expenses of a car and pray like hell the other party in your accident doesn't come after you, if it was me I'd have your ass in court so fast it would make you head spin.

 

I agree 100%.

 

California's position is if you don't have insurance and you get in an accident while driving, its your fault because it wouldn't of happened at all if you were obeying the law and weren't driving in the first place.

 

It sounds to me like the other driver doesn't have a valid license and I doubt the car was his either. He is just trying to cover his butt with the 'someone else was driving' story.

[Pharaohabq]

Wow, yeah, Bad news. I've been in a similar situation, only *I* was the one with the insurance. and no wasn't my fault. Fortunately my insurance has Uninsured so I was covered Sans the $300 deductible, bastards... Anyway as I see it...

 

GO TALK TO A LAWYER, this is going to cost you, how much is the question.

 

Being that you're 18 and not at home I would assume, then you're parents are likely safe, but you're not. They're going to try to say it was your fault. You need to Go make a Police Report, and ask to get a copy of the Officer's report too. It's VERY important that you file your report BEFORE the other party did. It's been long enough that this all should have been done. You need to be VERY SPECIFIC about what you were doing when they hit you. Were you driving straight and they entered your lane? Right of way plays a part here. I'm hoping for the best for you, but there's a lot of factors that we don't know here.

 

Warning rant ahead:

As for INSURANCE... Go get it! Our Z's are all over 19 years old, so we can ALL carry Antique/Modified insurance on our cars. even if they're POS cars. it's seriously a lot cheaper than regular insurance, and there's some rules, but most of that can be delt with such as mileage. if you go over, you just have them cancel and rewrite your policy. It also protects your car from being totalled for $300 worth of paint damage, since it puts you in the category with all the restored Z's. Liability Ins is still going to be expensive since you're 18, M and not at home. Insurance sucks that way, our ins cost would be 1/2 as much if we were girls. how stupid is that? anyway, I agree you SHOULD NOT be driving at all w/o liability ins. Farmers just raised everyone accross the board 20% (me included, insurance bastards) because of the hurricane victims in ANOTHER STATE. so yes You're raising rates not only on yourself, but for everyone!

I'll stop ranting now...

 

 

But Seriously let us know how this works out, I like to see liars get it where they deserve it.

 

Phar

[draft.phunk.amd]

Let me play Cassandra for a moment....

 

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?

 

The emotional damages card got so over played when it was introduced, now the victim needs to show physical manifestations of the emotional damage. Proof from a doctor that it began after the incident, and could've been caused by the incident, and that it impairs the victims day-to-day activities. Not a fucki'n "fear of cars" BS, anyone can play a "fear-of-cars" symptom and rip the other driver off.