Accident in California with both drivers uninsured

[MatthewM]

My friend was hit by another car. She had let her insurance policy lapse. The other driver, a minor, gave insurance info which has turned out to be a cancelled policy. There is a question of liability here too. My friend was in the interseciton making a left turn when the light went red. She went to finish the turn and the other driver hit her going quite fast from the cross street traffic as she was completing her left turn.

Questions:
1) How does my friend find out if the other driver has an active policy with another company?
2) If the other driver does not have an active policy does she sue the parents?
3) If she does sue the parents then who and how determines at fault?
4) If it is determined that it was a 50/50 at fault, would my friend be able to get $ for half of her damages, but half to pay half of the other car's damages?
5) There was one witness who saw it clearly enough to write down the other driver's plate (because they appeared to be leaving the scene at first).
6) What are the implications for my friend not having insurance if she chooses to sue and is found partially at fault?
7) If the other driver is found truly uninsured, to what extent can my friend use cohersion with the parents to get payment for damages given the penalties in california for not having insurance?
8) Any other thoughts or suggestions?

[Clair Bonner]

[QUOTE=MatthewM]My friend was hit by another car. She had let her insurance policy lapse. The other driver, a minor, gave insurance info which has turned out to be a cancelled policy. There is a question of liability here too. My friend was in the interseciton making a left turn when the light went red. She went to finish the turn and the other driver hit her going quite fast from the cross street traffic as she was completing her left turn.

Questions:
1) How does my friend find out if the other driver has an active policy with another company?

By filing an SR-1 form, and then after 20 days, filing and SR-19 and paying the fee of $20.00. It will take another 30 days to get a response from Sacramento.



2) If the other driver does not have an active policy does she sue the parents?

No. While the parents did sign the Driver's Application, you have not stated any facts that would indicate that she was malicious in her actions. She was merely negligent, and parents are only liable for the malicious acts of their children.



3) If she does sue the parents then who and how determines at fault?

Assuming she had no insurance, then the court would determine fault, or the percentage of fault attributable to both sides.



4) If it is determined that it was a 50/50 at fault, would my friend be able to get $ for half of her damages, but half to pay half of the other car's damages?

Whomever has the larger damages, the court would probably order that one party will pay the overage to the other party.



5) There was one witness who saw it clearly enough to write down the other driver's plate (because they appeared to be leaving the scene at first).

Okay. Then make sure to have that person subpoenaed to court for testimony.



6) What are the implications for my friend not having insurance if she chooses to sue and is found partially at fault?

Both parties will lose their licenses for 6 months and pay a $750.00 fine to the Department of Motor Vehicles.



7) If the other driver is found truly uninsured, to what extent can my friend use cohersion with the parents to get payment for damages given the penalties in california for not having insurance?

Your friend can ask politely, but there is no liability on the part of the parents to pay. See my response to number 2, above.


8) Any other thoughts or suggestions?

If your friend must, sue in Small Claims court. However, due to the fact that your friend was uninsured, and your friend is not going to obtain "pain and suffering" damages. I would call it a wash, and not sue in the hopes that the other party doesn't report the accident to the DMV. But, the law requires reporting the accident if there was more than $750.00 damages to either party, both property damages and/or medical damages. I think your friend is going to lose her license and pay the DMV fine.


An uninsured driver is only allowed certain damages pursuant to Civil Code section 3333.4 (formerly voted into law by Californians under Proposition 213), states:

(a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:

(1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.
(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).
(c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.

A primary aim of Civil Code § 3333.4 was to limit automobile insurance claims made by uninsured motorists. "The electorate wanted to ensure that uninsured motorists, who contribute nothing to the insurance pool, would be restricted in what they receive from it." There was no apparent intention to protect defective vehicle manufacturers, "who do not contribute to that insurance pool and whose other insurance rates are not affected by the existence of uninsured motorists." [Hodges v. Super.Ct. (Ford Motor Co.), supra, 21 Cal.4th at 115, 86 Cal.Rptr.2d at 888]

[MatthewM]

Wow, thank you for the thorough response. I am going to attempt summary for my own clarification:

Case A) If the other party is UNinsured:
1) If either party reports this accident, both parties are going to lose license and pay a fine. Is the DMV really going to track my friend down and prove that she was actually involved in an/this accident?

2) My friend cannot sue the parents. She must sue the 16 year old minor in small claims for $ which she naturally wouldn't have.

Case B) if the other party is insured:
1) The other parties insurance will fix her car (assuming they are at fault). The insurance will report it to DMV. DMV will theoretically track my friend down for having no insurance and suspend her license and extract a fine?

Misc: Does the suspension make any exception for single mothers who require transportation to support family? Can a judge make that decision?

What is a person to do? Granted my friend should not have lapsed her policy. However, given she did, should she just forget it all, fix her car, and move on pretending it did not happen?

[Clair Bonner]

[QUOTE=MatthewM]Wow, thank you for the thorough response. I am going to attempt summary for my own clarification:

Case A) If the other party is UNinsured:
1) If either party reports this accident, both parties are going to lose license and pay a fine. Is the DMV really going to track my friend down and prove that she was actually involved in an/this accident?

If the other party obeys the law, like your friend is supposed to do, by filing an SR-1 form, then the DMV will send a letter to your friend asking for insurance information covering the date of loss. If your friend fails to respond, or responds by saying there was no insurance, the DMV will, after 30 days, immediately suspend your friend's driver's license, and send a bill for the fine. If the fine isn't paid, your friend will receive a Subpoena to appear for an Adminstrative Hearing with the DMV, and will have a judgment placed against her for the fine. Your friend will be found guilty of failing to comply with California's "Financial Responsibility" law.

If your friend is also found to have failed to file an SR-1 form, add more fines.




2) My friend cannot sue the parents. She must sue the 16 year old minor in small claims for $ which she naturally wouldn't have.

Your friend can still obtain a judgment which is good for 10 years, and renewable (by her request, by form filed with the court) to extend the judgment for another 10 years. She can have the other party's wages garnished, or bank account emptied. It may take time to collect, but a judgment carries a 10% interest rate.



Case B) if the other party is insured:
1) The other parties insurance will fix her car (assuming they are at fault). The insurance will report it to DMV. DMV will theoretically track my friend down for having no insurance and suspend her license and extract a fine?

Is that a question? Sooner or later, your friend will be held responsible for failing to comply with the Financial Responsibility law. How and when that occurs, will be known when it occurs.



Misc: Does the suspension make any exception for single mothers who require transportation to support family?

No. The DMV will tell her take a taxi, take a bus, or have a friend or family member drive you. But, she's not driving. End of story. The DMV doesn't care what your life is like and, when you think about it, why should they? Everyone has a sob story.



Can a judge make that decision?

The judge will only levy fines, and take other actions for punishment. The DMV is separate, and levy their own fines and punishment separate from the court.



What is a person to do?

There is no answer for that, except to comply with the law and don't drive without insurance and, if she cannot afford insurance, then don't drive.



Granted my friend should not have lapsed her policy. However, given she did, should she just forget it all, fix her car, and move on pretending it did not happen?

She can try to pretend, and take care of her own damages. But, if the other person reports the accident to the DMV, then that rock is going to start rolling down the hill, gathering suspensions, fines, more fines, etc. In short, this is not a good situation. Liability insurance is cheap. There really isn't any reason for not complying with the Financial Responsibility law.