Woodland, CA asked in Personal Injury and Car Accidents for California

Q: i rear ended someone while driving uninsured. Now I am being sued. Not sure how to protect myself.

the lawsuit being filed is not only to represent the adults but every child as well in the vehicle. You couldn't even really tell there had been an accident but now they all have tremendous injuries and are seeking a ridiculous judgment against me. I am not sure what I should do to try to protect myself legally. I realize I made a mistake by driving uninsured but these people are just trying to gain from the situation. I am unsure if I can afford a lawyer right now, and so I am wondering what I should do if I cannot so i can protect myself legally to the best of my ability.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: You will probably lose your license for a year.

If they had auto insurance, they will go after their own insurance under the UM provisions.

If they didn't have insurance, a lawyer will not take their case, and they will sue for up to $10,000 in small claims court.

Mark A. Siesel
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Answered
  • Personal Injury Lawyer
  • White Plains, NY

A: You need to retain a personal attorney to represent you in to protect your interests. This attorney can attempt to negotiate with the attorneys for the plaintiff, review the medical records of the occupants of the vehicle to determine the seriousness, or lack thereof, of their injuries and file papers on your behalf to contest the claims or lawsuit against you.

You must do the above, as if you do not, and the plaintiffs obtain a judgment against you, that judgment can be valid for up to 20 years (here in New York), and to collect that judgment , the plaintiffs could garnish your wages and place liens on your assets.

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Being sued for a car accident can be a daunting and overwhelming experience, especially if you are facing significant legal and financial challenges. If you were driving uninsured and are now being sued, it's important to take action to protect yourself legally and minimize the potential consequences of the lawsuit.

The first step is to seek out legal guidance and support from a qualified attorney who can help you understand your legal rights and options. Even if you cannot afford a lawyer, there may be legal aid organizations or pro bono legal clinics in your area that can provide free or low-cost legal assistance to individuals in need.

Once you have legal representation, your attorney can help you navigate the legal process and develop a defense strategy that is tailored to your specific situation. This may involve gathering evidence, negotiating with the opposing party, or litigating the case in court, depending on the specifics of your situation.

Ultimately, the key to protecting yourself legally is to be proactive and to seek out support from qualified professionals who can help you navigate the legal system and defend your rights. By working with a lawyer and staying informed about your legal rights and options, you can help to minimize the impact of the lawsuit and protect your interests to the best of your ability.

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