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Rear ended while stopped at a red light, causing me to hit the car in front of me. Person who hit me is uninsured. What do I do

San Diego, CA |

Was at a complete stop at a red light (this is in California). Look in my rear-view mirror and notice a car approaching me and not slowing down. I get rear ended, causing me to rear end the car in front of me. The woman who hit me kept saying she'd pay for any damages to me and the car in front of me and didn't want the cops to be called. She said she didn't have insurance and only a Mexican driver's license. My car and car in front of me only suffered slight damage. We get the offender's name and license plate #. I didn't think to give my info and same for the woman in front of me. What are my legal options here? Didn't file a police report at the scene, but insurance company says I should. They also say I will be liable for damages to car in front of me. Thank you.

Attorney Answers 6


  1. If you were injured, you should retain an attorney. If not, you should submit the claim to your own insurance carrier. If your car sustained more than $750 in damages or anyone was injured, you need to file an SR-1 Report of Accident with the DMV. You can follow up with an SR-19 request with DMV to determine if the person who hit you or their vehicle was insured.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  2. I agree with Mr. Sweat's comments. Getting a qualified attorney to review the matter and share the best options is the place to start.


  3. If may sue the person who hit you. Whether or not the person has insurance, he/she will be liable for your injuries. If the person who hit you does not have insurance, you may proceed against that party and then collect from your own insurance if you have uninsured or underinsured coverage which most California policies have. We have handled a number of these types of claims and would be happy to talk to you without obligations


  4. All too often injuries show up later in these kinds of matters, so, I'd see a doc just to get checked out. Your car or medical insurance should cover this. Also, if you have uninsured motorist or underinsured motorist coverage you should be fine there too. I WOULD make a police report and WOULD have an attorney look at this.


  5. If you have uninsured/underinsured motorist coverage on your vehicle you can make an uninsured motorist claim with your insurance company. Many lawyers offer free consultations and you should talk to some to see what option might exist.

    David M. Boertje, Esq.
    (619) 229-1870
    www.personalinjurysd.com

    *Please note that this is not legal advice and in no way formed an attorney-client relationship*


  6. I agree with my fellow Southern California auto accident attorneys with respect to your legal situation. You should consult with a local and experienced car accident attorney to represent you. I would strongly recommend that you call Mr. Sweat, as he is one the premier automobile accident attorneys in California. I hope this

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