Hit and Run claim..no insurance?

Question

got into a minor accident with a car while on my motorcycle in LA traffic. i didn't have insurance at the time of the accident. whose fault it was is very questionable but the damage on his car was on his rear bumper on the left side. so does that mean that it will be automatically my fault? furthermore, if i try and contest this, i know i'm going to have to do it without my insurance company. will my having no insurance at the time of the accident automatically make me get into more trouble? kinda new at this so i need help. i had him follow me and coupla exits down and then exit however i could not stay as there was a family emergency- life or death mind you. this means that he doesn't have an eye witness and neither do i to give fault. what can i do? are the odds against me?

Answer 1

Well first off, you're in big trouble for riding your bike without insurance. The DMV will fine you and most likely suspend your license. You're lucky your bike wasn't impounded there on the spot, as required by CA law. Enjoy paying those fines...they are H U G E !

As you have given no details as the facts of loss no one can say if you're at fault or not or if you both share fault.

**
I forgot to tell ya......IF you are injured as a result of the accident, you are prohibited under CA law (Prop 213) from being compensated for non-economic damages (pain & suffering).

Answer 2

Unfortunately for her, pretty much the same as anywhere else in the world. She faces police charges for failing to stop after an accident and, if New Jersey has an insurance law (which I think it does) she will be charged with having no insurance. Depending on the damage or injury to the driver or passengers of the vehicle she struck and the nature of the circumstances, she may face additional charges. She will certainly be ordered to make recompense to the owner of the other vehicle for any damage. Another, especially in North America, condition that may raise its head is that the 'no-one was hurt' bit may well have changed by the time it gets to court. She may find that the apparently uninjured driver now suffers from severe whiplash injuries, shattered nerves, is unable to function properly as a human being and, whether genuine or not, all will fall on to your friend's shoulders. She IS guilty, there's not much argument about that, and she will be ordered to pay, she may be fined (almost certainly) and could even face a driving ban. Not as cheap as the insurance, is it? BobSpain

Answer 3

Since you're uninsured, you have nobody to defend you but yourself. One of the benefits of having insurance is that you have the full talent and expertise of the insurance company's lawyers at your disposal to defend any claims. Without them on your side you'll have to hire your own attorney at your own expense to defend you against any claims. That's going to get expen$ive REAL quick!

Also, even if it's decided that the other driver is at-fault, may states now have "no pay, no play" laws which may limit your ability to collect from the at-fault party if you are uninsured yourself. Some states bar any recovery at all and others limit recovery to personal injury only. You'll have to get yourself a lawyer to find out what the CA law is.

Of course, you have the issue of driving without insurance to deal with. Even if you were not cited at the time of the accident there is probably sufficient evidence for the state to proceed against you at some time in the future especially if any claim goes to court.

Further, if you are deemed at-fault and are uninsured, most states will pull your license indefinitely until you pay the damages to the other party in full. I have a family friend who has been walking for over 20 years on that one. The outstanding debt is so large that he'll not likely ever get his license back. Although his liability for the debt was discharged in bankruptcy many years ago the state has stood fast that his right to operate will remain suspended until the debt is actually paid and the courts have held that to be legal.

If you didn't stick around long enough to exchange papers at the scene, you'll also have a hit-and-run to deal with. All he needs on that one is your tag number.

With all of this hanging over your head, you need a good attorney, NOW!

Answer 4

From San Diego
Dummy! Liability insurance is cheap and required!

You don't say that you exchanged info. If not, it is Hit & Run and you are subject to arrest and bad stuff. If so, get a lawyer NOW!

From my situation, I found:
If the cop didn't see it happen, the fault will would be up to the judge IF this guy takes you to small claims court.
If not, or maybe, also, his insurance co. will come at you. They automatically find you guilty-which doesn't mean squat, regardless of facts. If there is no police report, it's between you & his insur. Fight or pay, insur co. don't usually report non insured to the state.
= My Experience, not gospel or law!

Answer 5

TRY TO TALK TO WORK SOMETHING OTHERWISE THEY CAN FILE WITH DMV THAT YOU WERE INVOLVED IN ACCIDENT THIS IS A RED FLAG ESPECIALLY WHEN YOU RENEW YOUR INSURANCE NEXT YEAR.

Answer 6

stacked.