If Iwas not a fault for an accident but have no auto insurance, what should I do to collect damages?

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If Iwas not a fault for an accident but have no auto insurance, what should I do to collect damages?

I was backing out of the parking lot and the lady hit me, not watching where she was going. I and another co-worker of mine are am in pain and I’m pregnant. I have no insurance but the lady who hit me does. What can I do to get this resolved? Should I speak with a personal injury attorney? I’m in Woodland Hills, CA.

Asked on August 19, 2010 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should contact an attorney. In brief, you could submit a claim to the other driver's insurer, which, if they agree that their party was at fault and that their coverage applies, they may pay without challenging or contesting it. However, if they disagree about fault--for example, believing that you suddenly backed out without looking, not giving their driver time to react--they won't pay and you'd have to bring a lawsuit in order to collect. A personal injury attorney can advise you as to the strength of your case, what it might be worth (if you are only in a small amount of pain or needed minor medical treatment and the car is fundamentally ok, it may not be economically worth it to sue; the fact that you are pregnant, unless your pregancy was negatively affected in the accident, does not entitle you to more money), the probability of winning, and the cost to bring it. You can then make an informed decision as to what to do. Good luck.


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