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What can I do after an accident I didn't cause and I did have insurance but the commercial truck was not insured?

Bellflower, CA |

I was involved in an accident, I own a Sara Lee bread route. I did not cause the accident but I didn't have insurance but neither did the person who crashed me. I'm being charged with high medical bills (20,000.00) and the truck is in total damage. I want to know if I can avoid having to pay for medical expenses and if I can get my truck paid back. I have two other commercial trucks with insurance except the one that was involved in the accident. Can I do anything to help me?

Attorney Answers 5


  1. You may file a lawsuit against the other party directly to recover your damages.

    Jasmine

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. You could file a lawsuit against the driver who caused the collision, but if they didn't have auto insurance, it is unlikely they will be able to pay any award or judgment you obtain out of pocket. You may be able to get your medical bills paid through your health insurance, if you have any.


  3. You barely saved yourself from receiving a citation for driving without insurance if police did not come to the scene. But wait,it may not be all over since filing of an SR-1 by any party can trigger the issue,
    You can claim your medical bills and property damage even though you did not carry insurance. No claim for pain and suffering. A piece of advice. If you are in business get your vehicle insured in fact "YESTERDAY". You can lose everything if you drive uninsured and you are at fault. You just saved yourself. Good Luck.


  4. This is a difficult situation. As a technical matter you can sue the person responsible, but if they don't have insurance they probably don't have any funds to collect. Hopefully you have health insurance.


  5. See if you can find an attorney who will at least help you do background/asset check on the other driver if you do not know how to do it yourself. If the other driver has assets, the attorney may be willing to take your case.

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