Failing to pay attention, reaching into a purse, looking up at the last minute, pushing the accelerator instead of the brakes --- these are all failures to act reasonably while driving and place the crash responsibility on you.
That you are uninsured and without a valid license makes you even more culpable because you are supposed to have insurance and a license to drive.
Get things together. Either do not drive or do what you are supposed to do. Get a lawyer for your current problems you posted.
I am in Chicago. I do not practice in CA.
Good luck to you.
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It may be the other driver's fault but you are still going to be penalized for driving on a suspended license (usually a criminal charge) and having no insurance. The other driver's negligence in this case does not lessen your culpability for disobeying the law. No free pass this time.
I would suggest you work out your probelms with your license and insurance. By not doing so you are putting others at risk.
Because you had no insurance, if you are deemed to be at fault you will have to pay all of the damages in this case out of your own pocket. If the other party is deemed to be at fault, you will be barred for collecting damages for pain and suffering because you did not have insurance.
You need to file a lawsuit within 2 years of the accident. Go to an attorney today if possible and have them assist you in filing complaint. If you want to be your own attorney, you can just have the attorney draft the complaint and have it filed on time. Keep in mind, it takes at least one year for the case to come to trial, so you should be able to evaluate the case and try to get it settled. If your injuries are serious, you may just want to have the attorney handle the case.
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