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I was in a car crash and did not have car insurance and the other driver was at fault who pays for the damage of my car?

i was in a car accident in california but i do not have insurance, i fell behind on my payments so i am not covered, i was going to turn into my driveway on a two way road on a doble yellow line(but a police officer told my family that as long as we are pulling into the house drive way its legal) i put my singal bout 25 yards before making the turn and started to slow down graduatly when i was already making the turn the guy behind me tried to speed up and pass me on the wronge side od the road, and hit my driver side third door and the bed of my truck (2003 chevy s-10) will i get money from his insurance to fix it or do i have to pay??

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Attorney answers (5)

Reputation Level 20
You have to show, by admissible evidence, that the fault was with the other driver. If the negligence of the other driver is shown to be the cause of the damages, the other driver may be found responsible. This is so no matter what the insurance situation is.

Get an attorney. You can miss and say the wrong things if you are not represented by an advocate as your attorney.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-cho...

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-...

You need a lawyer. Check with a CA lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
2 people marked this answer as good

Reputation Level 13
You will be entitled to economic damages such as property damages, wage loss and property damages. Since you were not insured, you are precluded from pain and suffering damages.
1 person marked this answer as good

Reputation Level 10
If you were not insured you will not b able to recover for pain and suffering, but you will get property damage paid provided you can prove fault.
1 person marked this answer as good

Reputation Level 14
If you were injured in the accident you may call me for a free consultation.

If you were not injured you are probably going to have to take the guy who hit you to small claims court.
3 people marked this answer as good

Reputation Level 8
In California, if you do not have valid liability in effect at the time of your collision, you will be limited to recovering only economic damages, which includes the property damage to your vehicle.

If you are not at fault for the collision, you should be able to resolve your property damage directly with the at-fault person’s insurance company; however, I would anticipate the insurance company will try to blame you for the incident, at least partially, if this occurs, and you live in San Diego County, and the incident occurred there, you should consider filing a small claims case against the driver of the other vehicle if your property damage is less than $7,500.
2 people marked this answer as good

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