Accident-not at fault-no insurance

[jackson12502]

What is the name of your state? California

Hi, I am hoping for some help here.
I was in a 3 car accident today. We were stopped on the freeway in a traffic jam, the car behind the car that was behind me was not paying attention and SLAMMED into the car behind me and the car behind me slammed into me. Got that? That sounds more confusing than it is......EEK
The police came and took everyones info, the lady that caused the accident was driving about 40 miles an hour and made no attempt to brake when she hit the lady behind me. She was not paying attention, so it is obvious that she is at fault...
I gave the officer my insurance policy number and when I got home my husband told me that we currently do not have insurance. It has been a month and a half since we had it.
Both me and my passenger are pretty beat up. back, neck pain,bruising from seatbelts, headache and dizziness. I was in a 4 runner so the auto damage was spared compared to the other cars. The other two cars looked totaled. My bumper and back end is damaged. Can I get in trouble concerning this accident because I do not have insurance even though I was not at fault? Do I have to pay out of pocket for damages to my car and injurys? Is there anything I can do?
Thank you in advance.

 

[Jeter]

You will face a criminal charge of driving without insurance, which carries a hefty fine and I believe your license will be revoked. You were unlucky to have been in the accident, not only because of the damage to yourself and your vehicle, but because it shed light on your neglegence. Whether or not it was your fault has become irrelevant regarding your insurance because it was your fault that you were driving without it to begin with. You will have to pay out of pocket for everything including your car and damages unless you sue her insurance company but if that's the case, I hope your bank account runs deep because it won't be cheap.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

Hi, I am hoping for some help here.
I was in a 3 car accident today. We were stopped on the freeway in a traffic jam, the car behind the car that was behind me was not paying attention and SLAMMED into the car behind me and the car behind me slammed into me. Got that? That sounds more confusing than it is......EEK
The police came and took everyones info, the lady that caused the accident was driving about 40 miles an hour and made no attempt to brake when she hit the lady behind me. She was not paying attention, so it is obvious that she is at fault...
I gave the officer my insurance policy number and when I got home my husband told me that we currently do not have insurance. It has been a month and a half since we had it.
Both me and my passenger are pretty beat up. back, neck pain,bruising from seatbelts, headache and dizziness. I was in a 4 runner so the auto damage was spared compared to the other cars. The other two cars looked totaled. My bumper and back end is damaged. Can I get in trouble concerning this accident because I do not have insurance even though I was not at fault? Do I have to pay out of pocket for damages to my car and injurys? Is there anything I can do?
Thank you in advance.

My response:

Inasmuch as I really like Jeter, you need to understand that Jeter isn't an attorney, and worse yet, he's not from California; i.e., he's from New York. As such, he's incorrect in a few aspects of his response.

I, on the other hand, am an attorney here in California, and as such, am in a prime position to answer your questions and tell you exactly what is, and what is not, going to happen - - the good, the bad and the ugly.

First, your lack of insurance - - Be prepared to lose your license for 6 months and to pay the DMV a $500.00 fine. That's in addition to the fines that the traffic court will levy when it's finally discovered that you had no insurance. Also be prepared to pay higher premiums for "risk" insurance when you're forced to buy insurance. This is really going to cost you, all around.

Second, your bodily injuries and other damages - - In California, you're entitled to receive medical treatment for your injuries, and the at-fault insurance carrier will wind up paying those bills. You will be able to claim your loss of earnings too. In other words, you can only claim your ACTUAL expenses. You will NOT be entitled to make any claims for your Pain and Suffering. You lost that "right" by way of a vote in California about 6 years ago. You're what we call a "Proposition 213 case". That sends shivers down the backs of most Personal Injury attorneys.

Third, your vehicle damage - - The insurance company for the at-fault party will pay for that damage - - assuming there is enough coverage under that person's policy.

Your passenger - - This is the person in the best position. Your passenger is negligence-free, and as such, will be able to make ALL claims for damages, including pain and suffering - - except for the vehicle damage.

Don't expect anything to happen for you overnight. The at-fault party's insurance will take care of her first, and whatever's left over, and with them dragging their feet, will get to you. It's going to be a fight for you to get everything you're entitled to receive, and that insurance company will try to pay you as little as possible, and make you fight for it.

Any personal injury attorney will take your passenger's case. There's lot's of money to be made by an attorney in that regard. However, I don't know any attorney that would take you're case. I fear you're going to be on your own against the insurance company. The reason being is that because you can't claim Pain and Suffering, there's no money in it for an attorney to represent you.

You're not in a good position, and the world is not going to be rosie for you in the near future.

But for your lack of insurance, you would have had a terrific case, right along with your passenger. Oh well.

Good luck. You're going to need it.

IAAL

 

[jackson12502]

Thank you IAAL !!!

Thank you very much for taking the time to respond to my post. I TRULY appreciate it.
I know that I have no one to blame but myself in this situation. I really am not seeking "anything" from anyone. I just want to try to keep myself out of any trouble. I am wondering if there is any way that I can remove myself from this since I was the only one that did not have extensive car damage and I did not cause any damage to anyone else?

Is there any way that I can contact the person who caused the accident and tell them I don't want anything from them and just go ahead to pay for my injuries and car damage myself? Will this possibly prevent me from being exposed? Or, because there was a police report taken, does this mean that the police are already involved and will investigate all of the information? OR does the "at fault" party's insurance do all of that? What role does the police take at this point, if any? Is there ANY hope for me to not have my liscence suspended?

It goes without saying that I am going to borrow money to get insurance first thing tomorrow morning and will never go without it again. I'll let my electricity go before I ever put my insurance on the backburner!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

THANK YOU once again for your time.

 

[jackson12502]

I just got back from getting insurance! BUT, I wanted to know if anyone can tell me whether the info that the agent gave me is accurate or not?
He told me that what will most likely happen is in about 10 days the DMV will research the police report and all of the information. I will be sent a letter asking to prove that I had insurance on that day...Being that I was a loser and did NOT have insurance on the day of the crash, I will respond by saying I did not have any and produce the current insurance I have now.
The agent told me that they will suspend my license for 6 months, BUT that I can request a "restricted" license? I am a homemaker so that would mean that I could go to the grocery store, doctor appointments, etc....After 6 months I can get my license back and I will be on a 3 year "Probation" and have to have my insurance current and on file with the DMV.....................
Does he make any sense or is he just pulling this out of someplace? At any rate, whatever happens happens...I am just glad I have insurance now and will NEVER go without it again NO MATTER WHAT>

 

[Jeter]

IAAL

...and worse yet, he's not from California; i.e., he's from New York.

*A- Whaddaya mean worse yet? Just because you have beautiful weather all year and a 6:1 ratio of women to heterosexual men...

 

[knotcops]

IAAL,
I wish we had a Proposition 213 in Arizona. It sure would wake up a few people! Also make my business a little more profitable.

 

[coosi]

IAAL,
I wish we had a Proposition 213 in Arizona. It sure would wake up a few people! Also make my business a little more profitable."

KC,

I'm also in AZ, and I'm curious what you meant. I haven't a clue!

 

[I AM ALWAYS LIABLE]

Re: IAAL

...and worse yet, he's not from California; i.e., he's from New York.

*A- Whaddaya mean worse yet? Just because you have beautiful weather all year and a 6:1 ratio of women to heterosexual men...

My response:

Jeter, California has some of the best looking women on the planet. Have you ever been to Malibu Beach, or Santa Monica Beach, or Laguna Beach or Newport Beach, or any beach in California? If you really want a "taste treat", California is the place to be.

Like our writer, I'm sure, there's not one woman at any of those beaches who aren't shapely, gorgeous, doesn't have at least a 36 D, and an ass "to die for". "I wish they all could be California girls" - - the Beach Boys had it right.

In New York, the women have big noses, and their stomachs are usually bigger than their - - ahem - - chests. The Beach Boys didn't sing about New York women.

As for our writer, what your agent said was completely true - - which is basically what I told you. However, your "restricted license", if granted, would only be for work, and going to the grocery store - - THAT'S IT! If you're caught off of those routes, you'll be spending county time.

IAAL

 

[jackson12502]

Thanks again IAAL!

BTW, I am from Manhattan Beach and your decriptions are pretty on target! LOL!

 

[Jeter]

I have been to Frisco twice, Carmel and a couple of other towns out there. First time I ever went I was there for a week as a single guy on a convention- collected 6 phone numbers in a day (as if I could do anything with all of them) which is unheard of in NY, rented a mustang convertable and drove highway 1. They had to drag me back onto the plane back here. Craziest part is I ended up MARRYING the first "California girl" I met (as it just so happened) and found out that she's originally from NY. Probably explains why divorce came about so speedy!

In defense of the big apple, if you visit Manhattan, you will definately see a serious mix of attractive women of all nationalities, you just have to make sure they don't beat you up if you approach one the wrong way!

 

[I AM ALWAYS LIABLE]

Thanks again IAAL!

BTW, I am from Manhattan Beach and your decriptions are pretty on target! LOL!

My response:

And I'll bet you look "kick ass" in a Bikini!

I love the Summertime in Southern California!

How close did I come to describing you?

Ohhh, tell me you wear a "thong" at the beach. Even if you have to lie!

IAAL

 

[I AM ALWAYS LIABLE]

I have been to Frisco twice, Carmel and a couple of other towns out there. First time I ever went I was there for a week as a single guy on a convention- collected 6 phone numbers in a day (as if I could do anything with all of them) which is unheard of in NY, rented a mustang convertable and drove highway 1. They had to drag me back onto the plane back here. Craziest part is I ended up MARRYING the first "California girl" I met (as it just so happened) and found out that she's originally from NY. Probably explains why divorce came about so speedy!

In defense of the big apple, if you visit Manhattan, you will definately see a serious mix of attractive women of all nationalities, you just have to make sure they don't beat you up if you approach one the wrong way!

My response:

You're too funny, Jeter!

I told you so. California is THE best State, bar none - - when it comes to women. I LOVE all you California ladies! Oh, my God, I could squeeze you and eat you all up! I'm not too biased. I was born and raised here.

Jeter, I've been to Manhatten a few times. Not impressed. They all look like the ugly women on "Sex and the City" - - and not as shapely.

Well, hell, I don't have to tell you! You were the one getting the phone numbers!

IAAL

 

[knotcops]

coosi,
Where I'm at, insurance isn't on the mind of the local population. A stiff penalty, besides an SR-22, would sure bring in more customers that don't carry it. That's all.

 

[Jeter]

Coosi

See this website regarding Prop 213

http://www.rand.org/publications/IP/IP157/