What to do if I was at fault in a rear end collision involving 2 cars and I’m getting notices that my license will be cancelled?

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What to do if I was at fault in a rear end collision involving 2 cars and I’m getting notices that my license will be cancelled?

I have an interlock device in my car, which I had to engage right before the accident. My insurance was due to be suspended at 12:01 on that morning. It was paid immediately following the accident, and maybe was cancelled for only 7 hours. The girl I hit didn’t want to call the police, and said she was fine. She hit the car in front of her, and maybe scratched the paint.The second woman said the claim was filed the day before the actual accident. I have been contacted by both attorneys, who are claiming injuries now. I have called no one yet. Legally, what should I do?

Asked on May 5, 2015 under Accident Law, California

Answers:

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

Answered 5 years ago | Contributor

If your driver's license is cancelled for driving without insurance, provide proof of insurance such as a copy of the proof of insurance card from your insurance company, to the Department of Motor Vehicles to have your license reinstated.

If the two parties who were not at fault in the accident, obtain a court judgment against you for negligence in an amount that you cannot afford to pay, you can file bankruptcy.  If you are eligible to file Chapter 7 bankruptcy, which is straight liquidation, you can eliminate certain types of debts such as the judgment against you in the personal injury case.

The personal injury claims will include medical bills, pain and suffering which is an amount in addition to the medical bills and wage loss.

Compensation for medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.  Compensation for wage loss is straight reimbursement.

If you had had insurance when the accident occurred, your insurance company would have handled the matter for you and if necessary would have provided you with an attorney at no cost to you.  These cases are usually settled with the insurance company without a lawsuit being filed.

CA has a two year statute of limitations in personal injury cases.  Don't worry about a lawsuit being filed because it might not be filed until nearly two years after the date of the accident. 

No lawsuit will be filed until the parties, who claim to be injured, complete their medical treatment.  The lawsuit won't be filed if the case is settled with you.  Again, if you can't afford to pay to settle the case, and the lawsuit is filed and a court judgment is obtained against you, file Chapter 7 bankruptcy to eliminate the amount of the judgment.

If the second woman filed the claim the day before the accident, either that is a separate claim unrelated to the claim against you or it is a fraudulent claim if it was filed against you.

It would be advisable to contact your County Bar Association for a referral to an attorney who handles personal injury / civil litigation.

 


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