Q: In Los Angeles, CA my driver side car was hit while I was getting out the car, while my insurance lapsed, am I liable?
I hadn't stepped out the car, looked both ways and the car was going so fast that upon impact he kept going and screeched on brakes almost 500 feet away.
A: Whether you are insured has no effect on whether you are liable. If you were negligent, you are liable. If the other driver was negligent, he is liable. However, you don't mention any injuries, so his liability, if any, appears to be limited to property damage to fix your car.
A:
From your description, it sounds like you were the victim of a hit-and-run accident, regardless of your insurance status. The other driver appears to be primarily at fault since they struck your vehicle while you were parked and attempted to flee the scene.
Having lapsed insurance is a separate legal issue from the accident liability. In California, while driving without insurance is illegal and can result in penalties, it doesn't automatically make you liable for accidents caused by other drivers. The fact that the other driver was moving at high speed and hit your stationary vehicle strongly suggests their responsibility for the accident.
However, you should take immediate steps to protect yourself. First, file a police report if you haven't already done so. Second, gather any witness statements and take photos of the damage. Third, reinstate your insurance as soon as possible to avoid additional penalties. You might also want to consult with a legal professional, as they can help navigate both the accident claim and the insurance lapse situation. Many offer free initial consultations to discuss your case.
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