I got into an accident.

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I got into an accident.

I was in a car accident and it was because a truck driver had dropped a load of sand on the road due to not securing his load. He was not present during the accident and my car was totaled. I called the company where he got the sand from and they gave me his first name and number. I’m not sure what to do next in this situation it is my first accident and the at-fault party was not present. Also, I didn’t have insurance at the time.

Asked on February 6, 2018 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you can obtain the name of the trucking company, you can file a claim with its insurance carrier for the property damage (loss of your vehicle). 
If the case is settled with the insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the trucking company's insurance carrier, reject the settlement offers and file a lawsuit against the trucking company and the truck driver for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable trucking company / truck driver would have exercised under the same or similar circumstances to prevent foreseeable harm).
The fact that you did not have auto insurance is irrelevant because the other party was at fault.
If the case is NOT settled, your lawsuit against the trucking company and truck driver must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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