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Court: No Auto Insurance Accident, CA

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nicholasf

Junior Member
Southern California, Santa Fe Springs/Norwalk area.

So I need some advice. Here is my story.

I just bought a 1965 Ford Fairlane from a privet party. I picked the car up and was headed home. I was making a left at a light and was T-Boned bye a Civic. My ’65 was pushed into a signal pole, knocking it over then my car caught on fire. I was able to put the fire out before anyone got hurt. The driver of the Civic has no insurance and speaks no English. There were no witnesses and because I was making the left I am sure the report will read as my fault. I don’t think the driver of the Civic will take action on me because it is likely he is illegally here in CA.

My problem is I have no insurance on the Ford. I just got out of the Navy and had no need for a car let alone auto insurance so I don’t have previous insurance either. I am not concerned about my Ford. It’s a loss but I’m glade no one got hurt and I’ll fine with just junking it.

I have to go to court because of no insurance. I don’t know what to expect or if I will have to pay. I’m not a bad guy, I work with the Red Cross and was in the Navy.. Just some bad luck..

So is there any leeway for me. I just bought the car literally 15 mentis before the accident. Looking back I know I should have towed the car home but what has happened has happened.

Any advice is greatly appreciated..

-Nicholas
 


I

I AM ALWAYS LIABLE

Senior Member
nicholasf said:
Southern California, Santa Fe Springs/Norwalk area.

So I need some advice. Here is my story.

I just bought a 1965 Ford Fairlane from a privet party. I picked the car up and was headed home. I was making a left at a light and was T-Boned bye a Civic. My ’65 was pushed into a signal pole, knocking it over then my car caught on fire. I was able to put the fire out before anyone got hurt. The driver of the Civic has no insurance and speaks no English. There were no witnesses and because I was making the left I am sure the report will read as my fault. I don’t think the driver of the Civic will take action on me because it is likely he is illegally here in CA.

My problem is I have no insurance on the Ford. I just got out of the Navy and had no need for a car let alone auto insurance so I don’t have previous insurance either. I am not concerned about my Ford. It’s a loss but I’m glade no one got hurt and I’ll fine with just junking it.

I have to go to court because of no insurance. I don’t know what to expect or if I will have to pay. I’m not a bad guy, I work with the Red Cross and was in the Navy.. Just some bad luck..

So is there any leeway for me. I just bought the car literally 15 mentis before the accident. Looking back I know I should have towed the car home but what has happened has happened.

Any advice is greatly appreciated..

-Nicholas
Click to expand...

My response:

There is no leeway. You will pay the court a large fine, and do community service or jail time. Then, the DMV will be contacting you. You will pay them a $750.00 fine and lose your license for 6 months.

IAAL
 
N

nicholasf

Junior Member
I AM ALWAYS LIABLE said:
My response:

There is no leeway. You will pay the court a large fine, and do community service or jail time. Then, the DMV will be contacting you. You will pay them a $750.00 fine and lose your license for 6 months.

IAAL
Click to expand...
Well that’s not exactly what I wanted to here but thanks for the info.

A few things.

What is the DMV fine for?
I do community service anyway.. will they take that into consideration?

I am working at a non profit company for no pay. After the accident I have begun to look for a paying job, I’ll have no trouble getting a decent one but most require a clean DMV recorded.

What will happen when I can’t afford the fines?
Jail time seems a bit extreme.. What are the chances they will send me to jail? I have an otherwise spotless record w/nothing more then a few parking tickets.

Should I get a lawyer?
 
I

I AM ALWAYS LIABLE

Senior Member
nicholasf said:
Well that’s not exactly what I wanted to here but thanks for the info.

A few things.

What is the DMV fine for?

MY RESPONSE: What do you mean "what is it for?" It's a separate governmental entity, and it has the right to levy fines and take away your license. Also, it's the law.



I do community service anyway.. will they take that into consideration?

MY RESPONSE: No. The court will give you a short list to choose where THEY want you to serve. It's not going to be a great choice. None of the choices are pretty.



I am working at a non profit company for no pay. After the accident I have begun to look for a paying job, I’ll have no trouble getting a decent one but most require a clean DMV recorded.

MY RESPONSE: Well, you can forget about driving jobs.



What will happen when I can’t afford the fines?
Jail time seems a bit extreme.. What are the chances they will send me to jail?

MY RESPONSE: The court will give you three choices. Pay the fine right then, or do community service, or go to jail.




I have an otherwise spotless record w/nothing more then a few parking tickets.

MY RESPONSE: The court doesn't care. The choices you'll have are enumerated above.



Should I get a lawyer?

MY RESPONSE: Why? Was it someone else driving? You barely have enough money for the fines for both the court and the DMV. What do you think an attorney will do for you except empty your pocket?


IAAL
Click to expand...
 
N

nicholasf

Junior Member
“MY RESPONSE: What do you mean "what is it for?" It's a separate governmental entity, and it has the right to levy fines and take away your license. Also, it's the law.”

What I mean is; what is the DMV fine for? What do they call the fine, or what is the reason for the fine might have been a better way to ask that question.

I was told by the police there is a grace period. I didn’t put much stock into it and that is why I ask.

The ’65 ford is still under the original owners name. I hold the pink and a the bill of sale but have not transferred the title to my name. I’m not trying to f-ckover the guy who sold me the car, I’m just wondering if this will be a factor?

“MY RESPONSE: Well, you can forget about driving jobs.”
Is it mandated I will lose my license? Is the justice system that messed up they would let someone with a “wet reckless” keep there license but take mine away for an honest mistake? Would a restricted license be an option or is the law clear cut with no exception for individual circumstance?

I ask if I should get a lawyer because I am uneducated in law. I don’t want to lose my driving privilege because of an absent minded and illegal driver. {I know I was illegal as well but I just bought the car}

I have commitments to the community that require me to drive.

I don’t discredit you IAAL, but I have to ask if you have dealt with California traffic laws. I do want to thank you for the info as well, even if it’s not what I want to here. It’s at least better to be prepared for the worse then unknowing of the consequence. My court date is not till January.. Is there anything I can do in the meantime to help with my situation?
 
S

stephenk

Senior Member
Just wait till you get the bill from the city for the signal pole you knocked over.

If you don't have a paying job when, if ever, were you planning on buying insurance for the car?

Did you make your left turn with a green arrow or when your light was red? If no to either, you are at fault for the accident.
 
N

nicholasf

Junior Member
stephenk said:
Just wait till you get the bill from the city for the signal pole you knocked over.

If you don't have a paying job when, if ever, were you planning on buying insurance for the car?

Did you make your left turn with a green arrow or when your light was red? If no to either, you are at fault for the accident.
Click to expand...

Yes the pole. Lucky for me it is not that bad. It was still working. Public Works will definitely becoming after me for that one two.

I quit my job that same day I went to pick up the car. I had insurance lined up for it. I was going to use my last check for that. Had a better job lined up and I was going to start the week of the accident but it requires a clean DMV, as does my previous job.

I made the left at a green but there were no witnesses. They all took off before the police came. It wasn’t the best area. I told the police what happened, they believe me but said because there are no witnesses I am most likely out of luck and at fault.

This just all happened at the worst possible time. I am worried my security clearance will be in jeopardy.
 
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InsuranceLadyAZ

Member
nicholasf said:
I was told by the police there is a grace period. I didn’t put much stock into it and that is why I ask...
Is the justice system that messed up they would let someone with a “wet reckless” keep there license but take mine away for an honest mistake?
Click to expand...
Are you serious? I find it hard to believe the police told you there is a grace period. Some policies have a provision that if you purchase a vehicle, they provide liability coverage for 30 days, but that's only if you ALREADY have an insurance policy. Think about it. What would have happened if you'd hit someone and injured them? You obviously don't have the financial means to self-insure. That's why the law is there!

You think the justice system is messed up because it wouldn't let you make an "honest mistake". There doesn't seem to be any honest mistake here. You knew you didn't have insurance when you got behind the wheel. You knowingly drove an uninsured vehicle. You broke the law. If you had been driving with insurance and someone who didn't have insurance had hit you, would you not want them to be prosecuted for driving without insurance?
 
N

nicholasf

Junior Member
InsuranceLadyAZ said:
Are you serious? I find it hard to believe the police told you there is a grace period. Some policies have a provision that if you purchase a vehicle, they provide liability coverage for 30 days, but that's only if you ALREADY have an insurance policy. Think about it. What would have happened if you'd hit someone and injured them? You obviously don't have the financial means to self-insure. That's why the law is there!

You think the justice system is messed up because it wouldn't let you make an "honest mistake". There doesn't seem to be any honest mistake here. You knew you didn't have insurance when you got behind the wheel. You knowingly drove an uninsured vehicle. You broke the law. If you had been driving with insurance and someone who didn't have insurance had hit you, would you not want them to be prosecuted for driving without insurance?
Click to expand...
Yes it is true I knowingly drove without insurance. I can’t justify that, I can only say I was misinformed. I know that’s no excuses and the courts don’t care about it. I fell like a criminal and it sucks! This has already been an expensive lesson and It’s not over yet.

I’m not looking to get out of this, I would appreciate advice on how to minimize the damage already done. I know I am screwed so save those comments.

I bought a car and 15m later I was hit in that car. I’m loosing my mind because now I am going to lose my license and go to jail. I try to live a honest life and I did not intend to break the law but because of my lack of knowledge I did. I need advice on how to minimize the consequence.
 
I

InsuranceLadyAZ

Member
stephenk said:
you aren't going to jail. you may face some fines but that is about it.
Click to expand...
That I agree with. It's going to hurt your wallet, but you're not going to jail. Pay the piper and learn from your mistake. What if someone had gotten hurt? Insurance isn't just for the other drivers' protection, it's to protect your assets. Even if you have none now, a judgment can put a serious cramp on your lifestyle for a long time.... getting off my soapbox now.
 
I

I AM ALWAYS LIABLE

Senior Member
My response:

When he's standing in front of the judge, and the judge gives him his choices; e.g., pay the fines, do community service, and he is unable or unwilling to do either, you can bet he'll be going to jail. The judge cannot just let him "walk." If that were the case, then no one would elect to pay a fine or do community service. What would be the impetus if jail weren't the third option?

IAAL
 
N

nicholasf

Junior Member
I have no problems paying the fines if I have the money, otherwise I will do community service. Is there any such thing as a “working license”. Some way to keep my Driver License for working purposes?

I’m not above taking a bus to work but most of what I do requires me to drive. I’m a technician, install/maintenance type.. travel is a giant part of my work. I can get to school w/o a car but my employer won’t keep me on the payroll if my license gets suspended.

And thank you all for your help and input.. Sorry I’m such a pain in the a**.
 
I

InsuranceLadyAZ

Member
I AM ALWAYS LIABLE said:
My response:

When he's standing in front of the judge, and the judge gives him his choices; e.g., pay the fines, do community service, and he is unable or unwilling to do either, you can bet he'll be going to jail. The judge cannot just let him "walk." If that were the case, then no one would elect to pay a fine or do community service. What would be the impetus if jail weren't the third option?

IAAL
Click to expand...
You are correct. What I meant was that he will have options other than jail. If he chooses not to do community service or pay a fine, obviously he would be sent to jail.
 
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