Rik, a cop's ticket has little to nothing to do with assessment of civil liability.  His/her testimony as an unbiased eyewitness may have an impact on the decision that the insurance company/civil court makes, but it is most definitely [b]not[/b] the cop's call.  Police officers are not trained in tort law.

Not trying to redirect your piss or anything, but you honestly have no idea what you are talking about here.  There are very few traffic cases where you cannot assess at least [i]some[/i] comparative negligence to each party involved in a civil action.  Different jurisdictions may apply this comparative negligence in different ways, but it still exists.

Bud the (OhShitNowHe'sAfterMe) Texan.[BD]

SALSA this. You and your friend better stick to your story! That's BS. I'm sure the (girls) weren't even close enough to see what was going on. Good luck on this one, at least bothof you are OK

I have been crashed into several times in California.  Here's the bottom line:

1. Get your injuries attended to PROMPTLY.  Just get your ass to a hospital ER.

2. Whether or not the cowboy hat dudes were in this country legally, whether or not they had a driver's licence, and can or cannot speak English are irrelevant.  The only thing that matters is that whoever was driving is almost certainly UNINSURED.  They probably deserve to be in jail for what they did, but that's just not going to happen.

3. Definitely talk to an attorney who specializes in personal injury matters.  The fact that you have retained counsel will make a HUGE difference in how insurance companies treat you, INCLUDING YOUR OWN INSURER.

Any contribution from insurance OTHER THAN YOUR OWN PERSONAL MAJOR MEDICAL INSURANCE is going to come from your friend's (i.e. the driver's) Uninsured Motorist coverage.

Get your butt to the hospital.  Do it NOW!

Post from Rikwriter -

Should you go ahead and give them a check if they find you LIABLE on the spot? Seems that would cut down on a lot of unnecessary paperwork![:D]

And if they do find you LIABLE on the spot, who do you file the appeal with, their supervisor? the Chief of Police?


Rik, did you just wake up? The only issue that I have been talking about is who would be liable for the damages that Kalifornia may have suffered. You're the one that keeps bringing the cops into the equation.

The only reason I even mentioned whether or not any tickets were issued by the police was to see if we could determine what California traffic laws might be in this situation.

Go back to sleep, or start looking at the law, and see if YOU can find something that might help Kalifornia recover any losses he might have suffered. So far, it's been your opinion that the illegals are the only folks at fault in this mess, and I don't think they're in a position to help with any medical expenses, do you?

BTW, I don't EVEN want to bring up issues like comparative and contributory negligence to 'muddy the waters' any further.

Eric The(Ciao,Baby)Hun[>]:)]

Just got back from the hospital and the Dr. told me that I may have to get physical therapy and that I just strained my neck & back. I also spoke to my friend and she called her insurance company (Eastwood). They didn't really say much. Then she called Farmers Insurance (the insurance of the lady that claimed to be the driver) and the guy on the phone said her insurance was cancelled since May 5. The guy also said the owner of the car didn't have a CA drivers license exept that he had a Mexican drivers license.
I haven't spoke to an attorney yet, but will look for one. The Farmers insurance guy said that the best thing for my friend to do is just get her car fixed (paid for by her insurance) and thats all. The lady didn't even call Farmers and tell them what had happened so I guess they are fleeing off somewhere and forgetting about the incident. Is there anything else my friend or I can do? I don't think this thing will end up in a courtroom. I guess I just might have to live with a sore lower back. Grrrrrrrrrrrrrrrr...

Post from Kalifornia -

Once again I must warn you I'm only familiar with Texas and Louisiana laws on Financial Responsibility. In Texas (or Louisiana), if you are hit by someone who doesn't have at least a '10/20' auto liability policy in effect, then you may take steps through an administrative process to have that person's driver's license suspended!

The suspension will last for so long as any damages remain unpaid. In Texas and Louisiana, the only way for the uninsured driver to retain their driving privileges is to come to an agreement with the injured party for a repayment plan to cover all damages.

Please see an attorney on this.  The lady who claimed to be the driver in the accident may find out that her decision to take the heat for the real driver was the dumbest thing she ever did in her life!

Eric The(PaybackIsGood)Hun[>]:)]

In CA, you must have proof of insurance to register one's car. This law was inacted by Jackie Spier (Sp?), a CA assembly or senate dummy who was hit by an uninsured motorist.

The law is a joke as the rate of uninsured drivers is still around one in four. Most scofflaws just either show the DMV false paperwork or buy and then cancel insurance around the time their vehicle registration is up.

Sounds like you got hit by one of those. Also, it is legal to drive in this country with a Mexican driver's license. In fact, most illegal aliens don't jump the fence and cross the desert as the news portrays it. Most get a turist visa and stay way past the expiration date. The ones that resort to fence jumping are ones that have been deported and have no hope of getting another visa.

Next time you get in an accident, remember two rules: Never admit anything at the scene, and get the names, licenses (driver and car) of everyone including witnesses.