How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12996
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My son had car accident last year in California. Unfortunately

Resolved Question:

My son had car accident last year in California. Unfortunately his insurance lapsed and wasn't active. My son was arrested because he was on probation and didn't have a driver's license either. The other driver's car was not badly injured and no police report was filed - even though my son asked - as he believed he was not at fault. My son was taken into custody, and his car was taken to towing yard - no one ever came to look at his car. Eventually, the car was sold as he didn't have $ to pay for it, and couldn't get licence to get it out.
About 8 months later, I receive a bill from a credit company on behalf of woman's car insurance company (Progressive) that he must pay $9550 for damages to car. They are threatening to sue and or suspend his license (which he is trying to get back). My son told him her car was barely scratched, no report was filed, and his car wasn't available for proof...he said must be some fraud. Progressive said they have proof because other driver told them what was owed. My son is in 'recovery' trying to get his life back on track, has no job, and is in debt. We need help and advice!@ Don't they need to give proof of cost?? He also didn't think it was his fault -- progressive said it was automatically because he didn't have insurance!@?
Submitted: 3 years ago.
Category: Legal
Expert:  Phillips Esq. replied 3 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



If there was no police report of the accident and thus no report of who was at fault, how could the insurance company determine that he was at fault. He should let them go ahead and file lawsuit against him, then they have to prove how they determined that he was at fault and how much he had to pay. They would also produce copies of the repair bills from the body showing the repair work done on the car. In addition, if he does not have any assets for them to go after and his license has already been suspended, he is Judgment Proof. This means that he does not have any assets that the insurance company can reach to satisfy the Judgment if they filed the lawsuit and prevailed. So, he should do nothing. Do not even bother calling them regarding the bill. He should wait for his day in Court to tell his side of the story.

Customer: replied 3 years ago.

Two more questions. 1. He is currently enrolled in DUI classes and hopes to get his license back maybe in a month. The Credit company letter warns that they could possibly suspend his license - depending on state law. What does California law say about that? Can they stop him from getting his license - or suspend it when he does get it?

 

2. If they do bring him to court, would he need a lawyer (which he really can't afford)? Or could JustAnswer provide the necessary preparation for him??

 

 

Expert:  Phillips Esq. replied 3 years ago.

Two more questions. 1. He is currently enrolled in DUI classes and hopes to get his license back maybe in a month. The Credit company letter warns that they could possibly suspend his license - depending on state law. What does California law say about that? Can they stop him from getting his license - or suspend it when he does get it?



Response 1: The credit company does not have the power to suspend his license. Only a government agency or the Court can suspend someone's license. If they obtain a Judgment against him, one of the options that the Court may use to force him to pay would pay be to threaten license suspension.



2. If they do bring him to court, would he need a lawyer (which he really can't afford)? Or could JustAnswer provide the necessary preparation for him??



Response 2: He would need to at least consult with an attorney face to face and let the attorney assist him in preparing documents for filing with the Court. . If he cannot afford an attorney, then he needs to respond to the lawsuit by himself.



No, Justanswer does not provide trial preparation. We only provide general information here. However, if they sue him and he has questions regarding the documents served on him, he can post the questions on JustAnswer .

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12996
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.