Legal Question in Personal Injury in California

Uninsured and rearended someone

I was involved in an accident. At the time, I presented proof of insurance to the police, but it was not in effect at the time of the accident. We both suffered minor injuries. I now have coverage persuant to CA law and I need to know what will likely happen next. Will her insurance company come after me or her or both. Will my driving be suspended and if so, will I be able to reinstate it by showing them my current coverage?


Asked on 2/09/03, 7:49 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Uninsured and rearended someone

Thanks for your posting.

If the police did not cite you on the scene for not having valid insurance, it is unlikely that they will do so in the future, although you can be prosecuted up to one year from the date of the incident for misdemeanor failure to prove financial responsibility.

If your license is suspended, you would either have to lose the court case, or have the DMV take action and require you to file an SR22, showing proof of coverage.

The lack of insurance means that your current insurance company has no liability, but also means that you may be sued for the full amount of damages, if you were at fault.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help if I can.

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Answered on 2/10/03, 8:55 pm


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