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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16288
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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I rear ended another car and don't have liability insurance.

Customer Question

I rear ended another car and don't have liability insurance. What should I do? JA: What state are you in? It matters because laws vary by location. Customer: CA JA: Has anything been filed or reported? Customer: No JA: Anything else you want the lawyer to know before I connect you? Customer: No

Submitted: 24 days ago.
Category: Consumer Protection Law
Expert:  Legalease replied 24 days ago.

Hello there --

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Did you have regular car insurance when the accident happened? Or no insurance at all? Can you give me a few more details and clarify the situation so that I might give you some suggestions regarding how to proceed in this?

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THANK YOU

Customer: replied 24 days ago.
Thank you. Unfortunately only CDW so not liability insurance. It was a rental car and i thought it was covered under our company rate but they booked the wrong rate.
Expert:  Legalease replied 24 days ago.

Hello again --

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If you have CDW that extends to your rental car, it should cover any damages to the other car if you were at fault in the accident. However, there is no way to legally force them to cover the damages to the rental car and if the rental car company repairs their vehicle and cannot be reimbursed through their own insurance for it, the rental car company may pursue you to actually pay for the damages out of your own pocket. Have you spoken with your insurance company about this matter? Or the rental car company about next steps in these matters. Unfortunately, if it is a large amount of money and you have very little assets and are unable to pay the charges, they may actually pursue the matter into court against you. If the other driver was hurt and makes a claim against you as well, the insurance company does not have to cover the losses or any potential lawsuit that an injured party might file.

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If it turns out that you are at the receiving end of lawsuits due to this issue, you can discharge any lawsuits in bankruptcy if you are prepared to go that route. Otherwise, there are ways of putting assets in the names of other people in order to avoid lien attachments and the like, but that is a bridge that you should not cross until you actually think that this type of threat is really looming against you.

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I hope that this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be paid for and given credit for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the star rating section. THANK YOU VERY MUCH

Customer: replied 24 days ago.
Thank you. So the CDW is with Chase credit cards and they said that it only covers the rental car. I'm happy to pay the damage to the other car however, I just want to know if i should cover myself legally or what I shoudl do? Get him to obtain three quotes? Etc
Expert:  Legalease replied 24 days ago.

Hello again --

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At least you have some coverage (many of these companies will deny it if it was determined to be your fault and rearending a car is usually found to be the fault of the person riding into the car in front). Right now, you do not have to financially protect yourself if you are willing to pay the damage to the other car and to protect yourself, you should ask to see estimates from 2 or 3 body shops to have this work done. Once you agree upon a price with the other driver, my suggestion is that you require that he or she sign an acceptance of the repairs and release of claims document (you can write it up yourself very simply -- names and addresses and a statement that the driver agrees that they have received sufficient funds from you to repair the car and that for receipt of such sums, the driver agrees to release any and all claims against you for the accident/incident on XXXXX date at XXXXX location and then you both sign the document.

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I hope that this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be paid for and given credit for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the star rating section. THANK YOU VERY MUCH