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  1. #1
    Join Date
    Feb 2008

    I had no insurance, i wasn't at fault, and there is an event document stating it was

    On December 28, 2007, in the parking lot of the apartments located at xxxx Rd. Antioch ca.,i piulled out of my parking spot and made my way toward the exit and drove 20 feet and as i was turning left into the exit RJ, drove his IZUSU truck into my left fender of my acura integra damaging his bumper and head light. I asked my passenger if she was ok and RJ stepped out of the car slammed his door said something to himself and walked over and said. "you should drive slower in this parking lot what if i had my baby in the car." i gathered my information and stepped out of the car. "what do we do then?" he asks "we exchange insurance and drivers license." he was silent for a few seconds and then i suggested if if he'd like to call a police officer. he agreed and R gets through to the police department and calls Officer S. while we are waiting he goes into the office were the apartment manager was sitting at her desk. the moment the Officer arrived Robert said his story and stated that the accident was my fault. the Officer then walked over to me and asked for my information. and when i was trying to explain the situation Robert interrupted me and said "the woman inside saw the whole thing she said she saw him speeding down the parking lot." the events document goes states: "Jeff XX was speeding at the speed of 25 miles and hour.and drove into RJ" i admit this is were i made my first mistake i agreed to this. I don't believe I'm at fault for this accident. The officer asked if we were injured ans if we did need medical attention to contact the other party about it. Also, I didn't have auto insurance at the time of the accident.

    RJ did have liability only auto insurance.

    i called Mercury Insurace on Feb 4th telling them that i believed it wasn't my fault

    On Feb 5th, I received a call from from Claims Resource Services, i tried to explain to him what happened and then he said "its not my job to asses who is at fault because we know who is at fault you are. You were driving a car witout insurance and that alone makes it your fault you broke the law, . he then said i owed them 1,898 dollars. 1000 dollars worth of medical and 898 dollars worth of car damages. "i can't pay for this. i'm unemployed" he then said "someone is supporting you , someone is paying your rent you live with your parents who pays your phone Jeff?" i said that i owed my land lord twom months worth of rent. and that my brother pays my bills." he then said that all the information i needed to know about him was in the letter that he was going to send me. he also mentioned that my license could be suspended.

    i called Claims Resrouce a few minutes later asking him if i could recieve a copy of all the bills that i'm supposed to be paying and he said i have no right no know this information.

    I have yet see the letter.

    1. is this a lost cause?

    2. Does the fact that I had no insurance at the time of the accident make me at fault for the accident?

    3. If not, how do I prove at this point that I was not at fault for the accident?

    4. If I'm not at fault for the accident, am I still liable for the charges?

    5. Would it be advisable to seek an attorney at this point? Or attempt to settle?

    Last edited by m martin; 02-07-2008 at 03:12 PM. Reason: photos
  2. #2
    Join Date
    Feb 2006
    Philadelphia, PA
    Please remove the other person's full name from your post. It does not need to be there.

    You are NOT automatically at fault SOLELY because you were uninsured.

    You did not say where the other person was coming from when he hit you. That is crucial information for us to be able to figure out whose fault it was.

    Your license CAN be suspended for driving without insurance.

  3. #3
    Join Date
    Feb 2005
    Elgin, IL USA
    Not enough info was provided enough to determine fault, except that you agreed to what was said at the time. Without insurance, you have to provide your own legal defense. And if the other party gets a judgement against you for $500 or more, your license can be suspended until that is settled. Liability insurance or similar financial responsibility is required for any vehicle registered in California, whether driven or not.

    Last edited by m martin; 02-07-2008 at 03:12 PM.
  4. #4
    Your best option at this time is to file a small claims action against the other driver for your damages. The plaintiff usually is in a better position since you filed first. If you wait, they will suspend your license which is what should happen for driving a vehicle without insurance. The process is simple and you do not need an attorney. All the forms and info are on the court's website.

  5. #5
    Join Date
    Jan 2005
    If the damage to any one party is over $750, or if there were ANY injuries, this accident must, by law, be reported to the DMV. Your license WILL be suspended.

  6. #6
    Join Date
    Jan 2005
    Quote Originally Posted by efflandt View Post
    Liability insurance or similar financial responsibility is required for any vehicle registered in California, whether driven or not.
    This is false.
    A vehicle can be registered in a "Non-Operative" state.

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