Expert: Ron Cercone - 3/5/2009

Question
HI, I WAS ON VACATION WITH MY FAMILY IN LON BEACH CA. LAST YEAR. I WAS DRIVING MY GIRLFRIENDS CAR WHEN  WE WERE IN AN ACCIDENT. I MADE A WROG L TRUN AND A MORTOCYCLE HIT ME. THE GENTELMAN WAS NOT HURT AND WE TRADED INSURANCES... WHEN WE GOT BACK TO LAS VEGAS (HOME) WE REALIZED THAT WE HAD NO CAR INSURANCE. MY GIRLFRIEND FORGOT TO PAY IT. NOW 5 MONTHS LATER WE ARE BEING SUED BY HIS INSURANCE. WHAT WILL HAPPEN? DO WE GET AN ATTORNEY?

Answer
Hello Raul,

How much are you being sued for would be the first thing you need to know before hiring an attorney. And are you 100% at fault. What does the police report say about fault? Any witnesses?

You need to talk to the other guys lawyer or adjuster. If the guy was not injured, then are they just asking for the damage to his motorcycle? You have a right to see his estimates to repair or replace and to get your own estimate.

You are very lucky the motorcycle driver was not injured, they usually get injured bad. Then you would really have problems.

Only you can decide if you want to hire an attorney. See if you can get a free consultation. You might also get a free consultation from the small claims court advisor (lawyer). If you were 100% at fault, then you would have to pay an attorney an hourly fee to defend you.

Keep in mind that they can go after you and your girlfriend since it was her car. If they win in court and you don't pay, they can try to collect by doing stuff like attaching your paycheck, bank account and taking assets like a 2nd car.