What the other poster was saying is that depending on the case there would be an argument that the accident was actually your fault for being on the road illegally...I don't know if that would fly...
My response: No, it won't fly. There's no such law, or cause of action, in California like that. Our writer could have been under age, and driving without a license, or some other incapacity. It still doesn't give another driver a right to play "bumper cars."
giving them an expired card is not actionable for fraud. ..
My response: No, but it is a Vehicle Code violation. She can expect to lose her driving privileges for 6 months and pay a hefty fine to the State.
you gave your information and they will probably contact your previous insurer only to discover you weren't covered...that's not actionble fraud unless there is code section in your state that specially says it is a crime to give false insurance information- I personally have never seen that.
My response: She will, however, be required per the Code to fill out and file an SR-19. If she doesn't, and the other party does, then the DMV will summarily suspend her driving privilege. The other insurance company will demand that our writer sign a Declaration of Non-Insurance so that the other driver may make an Uninsured Motorist claim.
You should probably contact an attorney on Monday. They can take the case without any money up front and perhaps convince her insurance company that the accident was her fault.
My response: Good luck on that one. I don't know of any attorney who would take a Proposition 213 case like this. There's no money in it.
Our writer is basically screwed. Oh, and she's lying about the insurance card. She knew she didn't have insurance. Her reason for doing so was to delay the inevitable.
IAAL
