need legal advice!!
 

well about 15 months ago i got into an accident while making a left turn out of a plaza. Some lady hit me and they put it as my fault. both cars were a write off, however i did not have insurance at the time. The lady is now sueing me and her insurance is asking for $30 000- $40 000 out of my pocket to cover for some of the damages. I do not have this kind of money and will be hard for me to get it (loans, selling assets etc...) anyone been in a similar situation? Should i get a lawyer? thnx

BECAUSE you were not insured, I would say your in a **** pile. A lawyer is indeed your best option...if that does help you with anything :S

Stated so casually. I would think a lawyer might be a good idea. But what would your defence for not having insurance be? I would say you are lucky that they are only asking so little. With a decent job, that amount could be paid off within a few year's. If you have no money or assets, your wages can be garnished.

Driving without insurance leaves you no way at all to defend this sort of demand unless you are able to prove that the amount the insurance company is seeking is more than their actual damage loss. If you don't come to agreement with them, they will begin civil court proceedings to recover their losses, and the standard of proof demanded in civil court is very very low.

You being unable to prove you had insurance will be enough evidence all on its own to render a judgment against you. The only question then is, "how much?"

It sounds like her insurance company is the one suing you to recover what they paid out to her as a result of the collision.

By damage losses you're looking at any or all of the cost of repairs to her car, cost of rental while that's happening, medical expenses, loss of income, nominal administration costs borne by the insurance company to do the paperwork, even 18 months of interest on the amount they paid out.

You "could" hire a lawyer to try and negotiate the figure down a bit before going to trial, but that lawyer could still cost you a few thousand in retainer fees and disbursements. Or you could try to work out an arrangement yourself along with payment terms.

But realistically, they have you by the neck. You should be very thankful that nobody died or was seriously injured or disabled, for if that happened, they'd fully own you much more than they already do.

Ouch, outlook bleak; but, apply yourself as well as you can to get out of this legal minefield.

All the best.

what made you even think it was okay to drive without insurance?

... my opinion, getting a lawyer is useless in your case its just going to add to your bills which you stated you don't have money for. Best thing to do is look for a 2nd job and start saving. There really isn't much you can do. Did you get charged for driving without insurance?... pretty sure its a $5000 ticket. Sorry to hear that happened to you though and best of luck.