What will happen to meif Iam being sued for an auto accident that was my faultbut Iam not insured?

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What will happen to meif Iam being sued for an auto accident that was my faultbut Iam not insured?

I was driving my sister’s rental car when I was in an auto accident and the insurance only covers my sister but she was not in the car at the time. The other party said he didn’t have insurance at the time of the accident. Now I got news that I am being sued by his insurance company/lawyer. Is that even possible? I am a college student with no assets or anything. What will happen to me?

Asked on January 26, 2012 under Accident Law, California

Answers:

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

Answered 10 years ago | Contributor

Since you didn't have insurance, you would be liable for the property damage to the other vehicle and personal injury claim(s) of the occupants of the other vehicle if there were injuries. 

Since you don't have any assets, the opposing party won't collect anything from you if they get a judgment against you.  If you had assets and there was a court judgment against you that you couldn't afford to pay, filing bankruptcy would be an option to prevent enforcement of the judgment.  However, since you don't have any assets, it is NOT necessary to file bankruptcy.  There is nothing to worry about because the opposing party won't collect anything.

When you are served with the summons and complaint (the complaint is the lawsuit attached to the summons), if you don't file an answer to the complaint within the time specified in the summons, the opposing party will get a default judgment against you.  This means you will have lost by default.  So, to delay the other side getting a judgment against you, it would ba advisable to file an answer to the complaint.  The answer denies the allegations in the complaint.  At the law library, look in the index of Pleading and Practice for answer to complaint.  This will give you the general format for an answer to a complaint.  The answer to a complaint denies the allegations in the complaint.  At the end of the answer is the verification which you sign and date under penalty of perjury.  The verification attests to the veracity of your statements in the answer.  File the answer to the complaint with verification and an attached proof of service with the court and mail a copy to the opposing attorney.  The proof of service verifies the date of mailing.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least 18 and the attached documents were sent via first class mail unless stated otherwise to __________ (name and address of opposing attorney) on ________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.

The court will charge a filing fee to file the answer to the complaint; however, if you don't have any money, there are court forms you can file to waive the filing fee.

If the answer is not timely filed and the opposing party gets a default judgment against you,you could file a motion to set aside the default.  If the court grants the motion, the case is then back on track and litigation will continue.

 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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