no car insurance, not at fault

[tommyxx516]

What is the name of your state?
CA

Non moving traffic. Person was speeding, failed to slow down, and rams into my car from behind causing a 4 car collision. He has car insurance. Mine expired. My car was crushed between his and the Tahoe infront of me. My car is a total loss. Everyone agrees hes at fault. Is he liable to pay for damages to my car? For all the cars involved in the accident? I have no problem paying the damages for the car infront of me.

 

[I AM ALWAYS LIABLE]

What is the name of your state?
CA

Non moving traffic. Person was speeding, failed to slow down, and rams into my car from behind causing a 4 car collision. He has car insurance. Mine expired. My car was crushed between his and the Tahoe infront of me. Everyone agrees hes at fault. Is he liable to pay for damages to my car? For all the cars involved in the accident? I have no problem paying the damages for the car infront of me.

My response:

He's liable to pay for ALL the damages to ALL the vehicles. How could you be at fault for any of this? Why would you think that you should pay for the damages for the car in front of you?

But, if he has insurance, and in a sufficient amount, then you'll get your car fixed. If you need medical attention, you'll get that covered too. But, you won't get any "general damages" (pain and suffering money). You're what is affectionately referred to as a "Proposition 213" driver.

Good luck.

IAAL

 

[Hoodood]

shouldn't have been there

I;m not a lawyer and if you'd like can read my problems in my posts. If I'm not mistaken this could be looked at this way, If you had a car that wasn't legal to drive and didn't drive it then you would have never been in the middle of this accident to begin with. If you were engaged in breaking the law, as you would be driving a car without insurance, at that time and had the oppertunity to not be there, by not driving the car while it is uninsured, then is it possible that you are the one responsible for this accident happening? I highly recommend you speak with a lawyer. One more, did you get a ticket for no insurance and did the driver behind you who apparently hit you get a ticket? I would tend to believe that if the driver behind you got a ticket and you didn't he would be the one responsible for damage to all the cars involved. Get a lawyer ASAP.
Hoping this helps you seeks professional advice, Hoodood.

 

[tommyxx516]

All the drivers involved in the accident, including the person who hit me agreed he was at fault. All the drivers called the police and waited for about 45 min but they never came. Theres been 2 other accidents in the same area in the past 4 days. He claimed he tried to slow down, but thats highly unlikely since the impact managed to push my car into a 4runner, into a Tacoma which was waiting at a red light. I'm not so much concerned about the damages done to the cars infront of me. Theirs only took bumper damages. Mine was crushed. The person who hit me had his engine smashed in. The accident occurred around 9pm.

There are plenty of cars in CA that have no car insurance, not registered, etc. I understand that. However, this isn't a case that is solved by being philosophical with "if you don't have insurance, you shouldn't be there." Unfornately, that doesn't solve any situation as that argument can apply to vehicles not being registered but still on the road. Or illegal immigrants driving, getting into an accident, and walking away from it. Besides, if I wasn't there, the guy would still have hit the car infront of me.

Being that the incident has already happened, I am wondering how you can claim I'm at fault when it was clear that he was. Hypothetical situation for instance, if my vehicle was uninsured but registered got hit by a drunk driver with insurance, I would highly doubt that I would be liable to pay for his damages when he is at fault. I was under the assumption that whoever caused the accident, for whatever reason, would pay for the damages.

Thanks to all who responded to this posting.