I was in a car accident that wasn't my fault however my insurance wasn't in effect until the next day, what do I do? 

Question Details:

I was at a complete stop and a lady hit the side of my car and ripped my bumper off. She wouldn't give me any insurance info. There was a police report and pictures were taken. I have injuries and her insurance company sent me a form saying I was at fault and I have to pay $2800. I called them and asked how I was at fault when I was at a stop. They said they went by the clients info at the time of the accident. First off she didn't stop when the cars collided. She kept going until she hit the end of the parking lot. Isn't that hit and run? Can they sue me?

Asked 12/26/2009 under Auto Accidents | 259 View(s) | More Legal Topics

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Joseph Farzam / Joseph Farzam Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I am sorry you have had such a horrible experience.  Can she sue you?  Yes, in American anyone can sue anyone and they do.....however, that doesn't mean they will win.  The question of fault is a complicated question that should be examined by a lawyer who may even employ the assistance of an accident reconstruction expert.  You can contact me and tell me in greater detail what happened and I can tell you who is at fault.  The fact that her insurance co says you're at fault, tells me that they are going on what she has told them and she must have described the accident in a way that puts you at fault.  The fact that you didn't have insurance has nothing to do with who is at fault.  All it means is that if you go after her for your damages, you can only recover out of pocket losses (i.e. medical bills, damage to your car, rental, loss of earning) but no money for pain and suffering.  If she sues you and wins, you will have to pay out of your pocket since you didn't have insurance.  I would be happy to give more advice free of charge if you contact me.  Joseph farzam@lawyer.com

Norman Gregory Fernandez / Law Offices of Norman Gregory Fernandez Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

You should call me for a free consultation on your car accident case at 800-816-1529 x1. My law firm handles car accident cases all over the State of California. You can read about these types of on my website at www.thepersonalinjury.com . You may also email me directly at norman@norman-law.com .

I look forward to discussing this case with you.

Norman

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