I have no insurance. It's version vs version as the witnesses are non responsive. The at-fault driver has injuries.
6 attorney answers
Yes. For a motorcycle accident claim in California, you should retain an attorney. Unfortunately, because you didn't have insurance, you will have to pay for the attorney's services out of pocket.
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.
You might consider hiring an insurance coverage attorney to contest the conclusion that you are an excluded driver. Good luck
Your husband should ask the insurance company in writing to provide him with "cumis counsel." This may help to get them to provide coverage. If the insurance company does not provide you with a defense when they should have that is called "bad faith." If you are sued and the insurance company does not defend you, and a judgement is entered against you, there could possibly be a claim against your own insurance company.
Write the letter asking for cumis counsel, and send it certified mail and you may get their attention. I wish you the best.
Hobbs Law Group
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
Sounds like you need to track down the witnesses yourself. Once your sued, you can subpoena the witnesses to testify at trial (or notice their deposition).
If its not looking good, you may want to consider bk.
if the accident was a result of something you did, it is still important to have a written statement. It is possible the other driver may sue for damages, and you will need proof of what actually happened. If contacting an attorney is possible, it should be done in order to further protect your rights and assets.
In almost all car, bike or motorcycle accidents, it is important to be able to prove who carries the car accident liability. In other words: who made the mistake or was negligent.
It may be obvious to all parties involved who was at fault in an accident, but just saying so is often not enough for insurance companies. You can make a stronger argument to your insurance provider if you can support your side of the story with evidence or "official" support
State Traffic Laws
State traffic laws, often called the vehicle code, are also a great place to find support for your argument
As with rear end collisions, left turn accidents are almost always the fault of the driver taking the left turn.
If you have been served with a summons, it means thatthe other driver has initiated a court action against you . A summons actually consists of two parts: a summons and a complaint. The complaint outlines the accusations made against you and the summons is an order of the court directing you to appear to answer to the charges made in the complaint. Generally, these documents are referred to as a single action called Summons and Complaint.
Depending on the nature of the complaint, it may be in your best interest to consult with an attorney before you proceed. However, do not under any circumstances ignore the summons. This will almost certainly result in a default judgment being recorded against you.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Your options are very few at this point.
First, you need to know that your DL will be suspended for 6 months. If you get caught driving during that 6 month period, it gets a lot tougher. You will have to have proof of insurance before your license will be reinstated.
Second, the injured motorcyclist (or his insurance company if they have paid out any money under a motorcycle policy) will at sometime in the next year or so, perhaps a little longer, probably file a complaint for damages against you. If they do, you will need to defend that action. Otherwise, they will get a judgment against you.
We have comparative fault in CA and motorcycle accidents can be very serious and result in substantial monetary damages even if you have very little fault. Your best course of action is to settle for as little money as possible when the situation presents itself. Otherwise, chances are you will have to defend a lawsuit and throw good money after bad.
Depending on your financial situation and the realistic value of the motorcyclist’s case, you may have to consider a bankruptcy. Can they attach your wages? At this point in time, no. If they obtain a judgment against you, yes.
I am licensed in California only and my response assumes California law. It is provided as general information only and is not legal advice. It must not be relied upon by you. Legal advice must be based on the exact facts of the particular situation. This forum does not allow for the discussion of those specific, exact facts. I provide legal advice only during the course of an attorney-client relationship. The exchange of information through this forum does not establish such a relationship with me. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement by each of us. In this, as in all cases, you should personally consult with an attorney in your area for legal advice.
Sign up to receive a 3-part series of useful information and advice about personal injury law.