by jencbirch » Tue Jul 20, 2010 10:35 pm
last summer 09 was driving up road turned into the two way turn lane with two arrows.
as i was turning left crossing ohter lane into a apartment complex another ccar behind me hit the door behind drivers door.
when hit me it spun me around and i side swiped tree and stopped next to tree. my back door was smashed in and window completely broken out.
in the car was my boyfriend next to me and my 2yr old behind him.
when the one police officer came he talked to everyone and marked road and determind it was the other persons fault because he was using the two way turn lane to get to the light then turn. he got a illegal use of two way turn lane.
I got a no insurance ticket but was not my fault officer said.
i stupidly talked to there insurance company and they said it was my fault because i didnt turn on my turn light/blinker.
now a year later they sent me a summons that i am being sued by there insurance for the money they spent on there client.
and i cant find a lawyer to take my case becasue i was not injured and dont know where to turn. i had no insurance and so no one to fight for me. i filed a notice of apperence but have to send in my anwser soon
as i was turning left crossing ohter lane into a apartment complex another ccar behind me hit the door behind drivers door.
when hit me it spun me around and i side swiped tree and stopped next to tree. my back door was smashed in and window completely broken out.
in the car was my boyfriend next to me and my 2yr old behind him.
when the one police officer came he talked to everyone and marked road and determind it was the other persons fault because he was using the two way turn lane to get to the light then turn. he got a illegal use of two way turn lane.
I got a no insurance ticket but was not my fault officer said.
i stupidly talked to there insurance company and they said it was my fault because i didnt turn on my turn light/blinker.
now a year later they sent me a summons that i am being sued by there insurance for the money they spent on there client.
and i cant find a lawyer to take my case becasue i was not injured and dont know where to turn. i had no insurance and so no one to fight for me. i filed a notice of apperence but have to send in my anwser soon
Posted: Wed Jul 21, 2010 04:10 pm Post Subject:
I got a no insurance ticket but was not my fault officer said.
i stupidly talked to there insurance company and they said it was my fault because i didnt turn on my turn light/blinker.
now a year later they sent me a summons that i am being sued by there insurance for the money they spent on there client.
and i cant find a lawyer to take my case becasue i was not injured and dont know where to turn. i had no insurance and so no one to fight for me. i filed a notice of apperence but have to send in my anwser soon
Regardless of where you live, there is probably one or more "legal aid societies" that can provide assistance to you at low/no cost. Check with the clerk of the court for more information or with the local county bar association.
Failure to use a turn signal doesn't make the accident your fault, especially if the party who hit you was cited for a moving violation under the Vehicle Code. It may increase your negligence slightly, but not your "fault".
Even if you do not file an "answer", do not fail to appear in court. Your filing a "notice of appearance" at least prevents a default judgment, as long as you appear. If you still do not have legal representation, which is your right (although not at public expense in a civil action), you can request a continuance for 60-90 days in order to have time to find a lawyer to present a proper defense.
Explain your limited finances, if that is the case, and that you've been trying to find a lawyer, and just need a little more time. The court must grant such a request if it appears to be reasonable and will not result in a disadvantage to the other party.
=== oOo ===
This is definitely a lesson to everyone who reads this thread in why the decision to drive without insurance is more costly than the insurance premium itself. Even if at fault, the insurance company promises to provide a defense for its insured -- over and above even the minimum liability limit a person purchases. How much is that worth? $1,000 . . . $10,000 . . . $100,000? Companies have spent MILLIONS to provide their clients with a defense, only to lose at trial or on appeal. Doesn't cost the insured an extra penny.
It's true even if you switch to a different insurance company before a lawsuit is filed against you or choose to drive without insurance later. The company that covered you at the time of the loss is bound by its contract with you that was in force at that time.
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