Should I get an attorney for an auto accident that I caused?

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Should I get an attorney for an auto accident that I caused?

I caused a car accident cause I looked down for a second and when I looked up I saw that the truck in front of me was stopped. I didn’t stop in time. It was a chain reaction so there was a total of 3 cars involved. I found out that day that my insurance was canceled due to lack of payment. The people I hit are sending me to court. The insurance is paid by my baby’s father cause I pay for her medical insurance so I did not know it was canceled.

Asked on April 15, 2009 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a very unfortunate set of circumstances, but yes, you should see a lawyer to get some advice.

First, it just may be that your auto liability insurance had not been properly cancelled. For example if you were entitled to notice (and I am NOT saying you were) and such notice was not sent it may still have been in place.

Second, if the father failed to pay for the policy he was obligated to pay for, he may have some liability if you bring him in.

Third, if there is no insurance and you have any assets that would be subject to levy after a judgment is taken against you, they can be taken. Some assets are not subject to attachment and are protected from claims of creditors. It pays to know what assets are and are not protected.

Fourth, if you have no assets a lawyer often can convince the other parties it makes no sense to sue as you have no assets and would only file bankruptcy.

Fifth, you may have to file bankruptcy and getting a lawyer's help in these circumstances makes sense. It also stops all the parties filing state court lawsuits against you cold.

Finally, driving an uninsured car is a criminal offense.  So advice makes sense.


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