Legal Question in Traffic Law in California

Uninsured involved in accident but not at fault. Am I liable?

I was involved in an auto accident, noone was injured, both cars were damaged. The police took a report and determined the other (insured) party was at fault. I gave the police a fictitous name. The police did the report and left. The other party called the police that day when he learned that I had no policy. The next day the police came to my work. (I gave them a correct home and work

address and phone numbers. My true name is the registered owner of the vehicle.) The had a few questions then they arrested me and charged me with VC 12500 Unlicensed Driver, VC 14601? Driving on a suspended license, and PC ???? Giving False Information making another person liable, a felony. At my arraignment the charges were changed to Hit and Run and False Impersonation. Also the others party insurance company says they found me at fault and sent a bill of $3,000.00 to a collection agency.

First question

1. Am I at fault because I was not insured?

2. Am I guilty of hit and run? I think by the the intent of the law, no. By the letter, yes.

3. If I plead No contest or Guilty to Hit and Run does that affect my liability in the accident?


Asked on 11/12/00, 10:55 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Uninsured involved in accident but not at fault. Am I liable?

The criminal charges are seperate from the liability aspects of the case, however the fact that you gave false information would tend to prove that you were at fault in the accident and could be used against you at trial. The criminal court could impose whats called restitution on you for the damages caused to the other driver but your defense would be that you were not at fault in the accident, etc. I hope you have an attorney!!

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Answered on 11/20/00, 6:55 am


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