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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I including in car accident two weeks ago and I had no car

Customer Question

I including in car accident two weeks ago and I had no car insurance that time and the report said it my fault what my situation and what the police will do to me
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

I am sorry to learn of this situation.

You have 2 separate issues that are likely going to occur.

1) You are likely to receive a traffic citation - this citation will include moving violation(s) - for whatever vehicle handling it was that the officer believes caused you to incur the accident, and a violation for failing to maintain insurance. You can contest these citations in traffic court, at which time you can put on evidence in your own defense if you choose to do so. (Understand this is a 2 part process (at least) in which the first part is where you appear at your scheduled hearing and plead "guilty" (in which case you will have a penalty assessed against you and the court will enter the violations against you in your record and driving record) or "not guilty" (in which case the court will set your matter for trial where you can put on evidence in your defense, and the state will have testimony and evidence to support the violations).

2) The driver/owner of the other vehicle, or other property that was damaged or injured, will have a civil cause of action against you - they can sue you to recover this money. Since you do not have insurance you are personally liable for this debt and if they choose to pursue this claim against you they can do so - again, you have a right to defend yourself. If they get a judgment against you, they can use judicial collections (wage garnishment, bank levies, and property liens) to enforce the judgment. This debt can be discharged in bankruptcy.