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How do I protect myself if I don't have insurance and I got into an auto accident?

Irvine, CA |

Specifically, I did not have auto insurance for the time the auto accident occurred. I want to know if there is any way to protect myself with the power of an attorney against inflated auto damage reports from the other party as well as injury claims. Are there options and room to arbitrate or negotiate with the other party's insurance company?

Let me explain this situation further- I rear ended another car on the freeway. There is absolutely no damage to my car and the damage to the other car should not be that bad either. Considering that I have no insurance, I was contacted by the other party's insurance and told that I owe 1,800 dollars for the auto damage alone, which does not make sense! In addition I found that the other party is filing an injury claim. How can a attorney help me mitigate this situation?

Attorney Answers 6

Posted

Your best bet is to hire an attorney to defend (and, as you have stated yourself, protect) you.

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Posted

I agree. Hiring an attorney to represent you is your best chance at defending against any miscalculated or unrelated injury and property damage claims. If you have questions, contact an attorney and consult with him/her about your options. Consultations are usually free of charge.

For more helpful information, call Bergener & Associates at 1-800-881-2021 or visit our website http://www.bergenerlaw.com. The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state.  Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising.

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Posted

You really need to talk to a defense attorney as you did not have any insurance at the time of the accident. I would suggest contacting a personal injury attorney in your area that can provide you with the defense you will be needing. if there are any injuries involved, you could be held liable for a large sum of money. There may be "options and room to arbitrate or negotiate with the other party's insurance company", but if you are not an attorney you do not know how to go about handling those claims. They can be very hard to resolve. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Retain one of the lawyers in your state above to resolve this for you.

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Posted

There is little you can so after the fact. I would still immediately secure insurance to bring yourself back into the proper legal standard, but as far as the accident which already occurred you are at a great disadvantage.

Any claim you make, you are limited to your fixed damages, ie. medical bills, property damage, etc., and not pain and suffering.

You seem to be at fault and would be thus liable for the other parties' damages and would have to pay your own legal defense costs.

The only good news is that if you were uninsured, the injured party usually just pursues their own insurance company under their uninsured motorist coverage and if you are judgement proof and uninsured, in most cases the plaintiff will have little or no interest in pursuing you.

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Posted

You need to hire a lawyer before you do anything else. You should pay no money to anyone unless you are assured that you will receive a full release.

An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

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