Both parties have no insurance - help??

San Jose, California: I met an accident yesterday coming out of a 3 point turn with the nose of my car almost completely in the lane. But I was about to hit a parked car on my right, so I backed up a little to avoid, and then I pulled forward more into the lane. Just as I move about 2 inches, a car came and hit my front leftside of my car, and left my car almost a total wreck. The 2nd party believes that is all my fault but I don't think its my fault because she should have seen me sticking out and slowed down so I can complete what I was doing. Even if I didn't move at all, she would've hit me. And there were no cars in sight when I started my 3 point turn. So is it totally my fault??? AND we both didn't have insurance at the time of the accident, am I still liable to pay for any of her damages? I mean isn't a stand off situation that since we both were illegally on the road, that we'd have to take care of our own damages? HELP ME!!! this is my first accident, and I don't know how to deal with it. The woman's son keeps calling me and making me feel real bad about the whole thing and I really don't think its my fault at all. Shes the one who hit me.

[lwpat]

Were the police called and an accident report filed? How much damage was done to each car?

Why would you drive without insurance and try a three point turn in the middle of a street?

On second thought you deserve what is happening to you and I decline to answer.

basically i was looking for parking .....i made a 3 point turn into a parking lot which i thought at first was a parking spot because i parked car blocked my view of a driveway. So i made a three point turn to turn around....i completed it. by looking back to see if its clear...backed up...moved forward...but i was barely about to hit the cars bumper thats parked in front of me so i had to back up a little bit more....and move forward again...as i moved forward...i got hit....but my car was pretty much in the lane..and anyone coming should have slowed down and let me complete what i was doing....

yes we had a traffic collission report....and we both had no insurance.....

basically im just asking.....why does it matter whos fault...when both parties have no insurance.

How much damage was done to each car?

Well mine has its front bumper ripped of through the middle....and my whole left front side is bashed in...with a flat tire...and messed up rim to go with....

the woman who hit me....got a flat tire...and bashed her headlight out.....

Why would you drive without insurance and try a three point turn in the middle of a street?

i thought i had insurance the whole time...cuz i never got a bill in the mail since i last paid for 3 months....but it was cancelled and i never got a notice of cancellation.

On second thought you deserve what is happening to you and I decline to answer.

why do i deserve whats happening to me...u dont know me....y are u so mean...are u just trying to get a kick out of ur attitude....

[lwpat]

The accident report should indicate fault. However that is not admissable in court because the officer did not see the accident. If you were listed at fault then the other party will likely try to collect and will stand a chance of winning.

Since you both had no insurance the only way you can collect from her or she from you is to file a lawsuit. The question will be did you pull out directly in front of her or were you in the lane and she would have been required to stop. You can subponea the investigating officer to testify as to what he was told by each party.

The reason I asked about the damages was to determine if it was a small claims issue. There is a dollar limit on small claims.

"i thought i had insurance the whole time...cuz i never got a bill in the mail since i last paid for 3 months....but it was cancelled and i never got a notice of cancellation."

It is your resoponsibility to keep up with items you owe. If you don't receive your power bill and don't pay it they will cut your power off. Some places will send you a courtesy notice, others won't. Your agent should have called you so I would get a new insurance agent.

If the accident was your fault you are responsible for the damages. If you were not at fault tell her son to quit calling you and refuse to talk to him. Then you will just have to wait and see if she files suit. If she does then you can counterclaim for your damages. Or you can go ahead and file suit against her for your damages. I suggest that you take pictures of the damage to your car prior to having it repaired.

Whichever one wins will be awarded a judgement against the other party. It will then be their problem to collect, not the court's.

thank you so much for your reply ---

the traffice collision report doesn't say whos fault it was. And the report does have 2 mistakes on it...1. it doesn't list the right mph of my speed and 2. it reports that I have no damage on my car....

the husband is now calling me and saying that i've admitted to the police everything is my fault (and i never spoke to the police once...except when they gave me my copy of the report and citation and told me how to go about it) the cops never spoke to me and asked me my story...i guess they based it on the other woman's story.

[lwpat]

Tell them that the next time they call you you will report them to the phone company for making harassing calls. Do not talk to them about the accident. Save any talking for court.

[stephenk]

why did you get ticketed?

...i got a ticket because of no proof of insurance...a citation basically

and also for an unsafe turn....(they didn't ask me how i made my turn)so i dont know why i got the citation...but i was too nervous and shaken from the accident that i didn't want to argue with the police...i just listened to him and what i had to do with the citation and report

so i told the person that hit me (actually her husband) that i am not going to pay for anything and that they have to bring me to court......and we argued....but he just ended up hanging up on me.