Auto Accident on Job Site With Lapsed Insurance

[bettiep1]

My question involves insurance law for the state of: CA
MY HUSBAND WORKS IN CONSTRUCTION AND WHILE LEAVING WORK ONE DAY, DRIVING DOWN HILL (A NICE HIGH WINDING ONE LANE ROAD) ANOTHER CAR WAS TRAVELING UP THE ROAD, IGNORED THE WORKERS COMING DOWN TELLING HIM TO "TURN AROUND, HEAVING EQUIPMENT COMING DOWN" AS MY HUSBAND CAME AROUND A CURVE W/ SUN IN HIS EYES THEY HIT FRONT END TO FRONT END.
MY HUSBANDS HAS A RAISED FORD RANGER AND THE OTHER VEHICLE WAS A COMPACT.
THIS PERSON SHOULDN'T HAVE BEEN DRIVING UP THAT ROAD IT IS POSTED, BECAUSE OF THE AREA (CA SIDE OF THE MEXICO BORDER) POLICE COULD NOT COME OUT TO THE AREA FOR A POLICE REPORT NO ACCESS W/ THE ACCIDENT AND EQUIPMENT. LONG STORY SHORT WE FOUND OUT THERE WAS A LAPSE IN OUR POLICY AND NOW THE OTHER GUY 'S INS COMPANY IS COMING AFTER US FOR $3500 AND SAYING WE DIDN'T HAVE INS SO WE ARE 100% AT FAULT. HE WASN'T SUPPOSED TO BE DRIVING UP THERE, WAS TOLD "TRUCKS ARE COMING DOWN", AND HIS INS IS SAYING WE ARE AT FAULT. ACCORDING TO OUR POLICY FROM START DATE TO TERMINATION DATE WE HAD COVERAGE, BUT THERE WAS A LAPSE IN IT.
I APPOLOGIZE FOR THE LENGTH OF THIS THREAD BUT IN TODAY'S ECONOMY WHO CAN AFFORD A LAW SUIT AT THE OTHER PERSON'S EXPENSE. ANY HELP WOULD BE AMAZING. THESE PEOPLE / CO ARE BORDERLINE HARRASSING US. PLEASE HELP THANK YOU

[jk]

well, you are at a real disadvantage due to the lapse in insurance. I do not know who is at fault but the other party wasn't merely because of the reasons you cited nor were you because of your lack of insurance.

the problem is:

they have an insurance company with a lot of money behind them to fight for their clients rights and you have...

well, you have whatever you can afford to pay for.

So, what do you do?

Well, to start with, your husband will have to figure out how to get to work for the next year. My understanding is that the DMV will take an administrative action and suspend your husbands license for 1 year. Could be wrong but if memory serves me well, I'm not.

Then, you need to determine truly who is at fault for the accident and how much it is worth to fight this. It sounds like a toss up but could go either way depending on the specifics.

I would think an attorney would cost you every bit of that $3500 so even if you won, you wouldn't really win anything.

I would suggest speaking with a local attorney that can review the particulars and then consider your options.

[Mylissa]

just my thought ...but since it may be unclear as to who's to who's fault it was (possibly both parties fault..maybe not..i don't know)... but how about you guys split the costs? Give them $500 or so ...and tell them goodbye?