I was in a car accident with no insurance in California and not at fault. Can I send it to small claims?
I was aware of traffic when I was on the freeway and was aware of all my surroundings. I was in the fast lane and noticed a huge gap between myself and another car in front of me when out of nowhere this other driver swerves into my lane and causes the collision. She did not turn on her signal lights nor any hand movement was shown to let me know she was changing lanes. The impact occurred at an angle where my drivers side front had most of the damage and her rear end drivers side has the damage. I have pictures to prove it. Also, when she got off the car, the first thing that she asked was "are you ok?" then she said, "sorry I was on my phone." I told her insurance what she had told me and now she's denying it. Also, I have been trying to negotiate with her insurance for them to pay this liability but they are hooked on saying because I had rear ended her I'm at fault. I've told them thats not always the case and they still don't agree. I had no insurance at the time of the accident and after speaking to several attorneys, one of them mentioned the best thing to do is take it to small claims. That way I can not have the run around paying money and not getting anywhere with other attorneys. Does anyone know what action to take?
In California, with Geico insurance what is the policy on hit and run property damage?
A few days ago, I was driving on the freeway in San Diego when someone tried to merge over and ended up hitting my car. The back door, area above the tire, and bumper were all damaged. The driver kept going, and I pulled over and called the police. In the police report it says I'm not at fault and the case was hit and run. Now I have Geico insurance, and have uninsured motorist coverage, but not comprehensive. I read in CA theres a law I had to have made contact with the driver. Now some people have said that means I talked to them and identified their plates, and some say it just means my car has to have been physically hit by the other car. I don't want to try and file a claim if its just going to be denied and raise my rates. So what exactly is the law and would they cover me?
What does "no-fault" auto insurance mean?
Your insurance company pays your damages regardless of who was at fault in the accident. The other guys insurance pays his damages. Sounds great but if your insurance company feels the accident was your fault, they can still jack up your rates as a result of the accident. Also the other side can still sue you if they feel you were at fault.
What is the penalty for driving without insurance in California?
Caught in a random check. Drivers caught operating a vehicle without valid insurance will be fined anywhere from $100 to $200 for a first offense, and between $200 and $500 for a second offense. Additionally, your vehicle may be impounded and towed away, in which case you will not be able to get it back until you obtain insurance and pay all towing and storage fees. Get into an accident. In California, your license will be suspended, possibly for up to four years. Bear in mind that this can happen whether or not you are at fault for the accident. You may be able to get your license reinstated after one year if you obtain valid insurance, provide proof of it to the DMV and pay a reissuance fee. You will also be required to obtain an SR-22 Proof of Financial Responsibility certificate and carry an additional high-cost SR-22 insurance policy on top of your regular one. Your vehicle may be impounded and towed from the scene. If that happens, you will be required to pay towing and storage fees before your vehicle is returned to you. Civil costs for an accident without insurance. If you are the party at fault, then you are responsible for the cost of all resulting damage. And that means everything: damage to all vehicles involved; and all medical costs for injuries to yourself, the other driver and any third-parties. This includes damage to other public and private property such as street signs and lights, bus stop fixtures, store fronts, etc. California requires all drivers to carry uninsured motorist coverage. Uninsured motorist coverage means that if the other driver in your accident has it, his insurance company will compensate him for his losses even if the accident is your fault.Don't think that you are safe because of it. In fact, if you have assets, the other driver’s insurance company is likely to sue you to recover their costs. For e.g. suppose you get into an accident that is your fault resulting in tens of thousands of dollars in damage. If you have no vehicle insurance, but own a home with $100,000 in equity, the other party’s insurance company is likely to sue you to recover the thousands it paid out to their client. And you may lose your home.
In california do you need insurance with a learners permit?
NO additional insurance coverage is required in the state. In fact, I've heard of parents insisting their insurance add their son/daughter to the policy! What most parents fail to recognize is that insurance covers CARS, not people! In the event of a collision, the insurance on the car will pay for damages to your car and, if at fault, coverage to other cars involved. NO ADDITIONAL insurance is necessary during the learning process. Once licensed, all drivers must be on the policy.
Will my car insurance go up if the accident is not my fault?
if i get into a car accident that is completely not my fault, and the other person pays for the damages through his insurance company, will my insurance premium go up too? thx!