Driving without insurance is a high-speed game of Russian Roulette. You might not lose the game on your first try, but keep trying and eventually you will.
As of 2015, the most recent year for which statistics are available, it was determined that one in eight American drivers doesn’t have automotive insurance. Florida has the highest rate (more than one in four drivers — an astonishing 26.7%) and Maine has the lowest (4.5%).
So what’s a driver supposed to do if they don’t have insurance, but are still at fault for an accident?
Uninsured drivers: the basics
What happens after you’re in a car accident will be determined by whether you live in a fault state or no-fault state. Fault states are also called “tort” states.
Fault Systems by State
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At fault car insurance states
The majority of states follow this system, which allows drivers to sue each other for damages. Should you be found at fault for an accident, the other driver can file a personal injury lawsuit and seek financial recovery for medical bills, lost wages, pain and suffering, property damage, loss of consortium and more.
You might be out of luck without an auto insurance policy.
If you don’t have insurance, you will be held personally responsible for any judgment entered against you. As in, you have to pay it. Not your insurance company, not the government — you.
It won’t matter to a judge that you don’t have the money to pay it; if you’re found liable for the accident, a court might decide to take the compensation from your wages or install weekly payments.
No-fault car insurance states
Twelve states, along with Puerto Rico, currently follow the no-fault car insurance system. This means that in the event of an accident, both drivers are expected to seek damages from their respective car insurance policies. This applies even if you’re at fault for the accident.
For an injured driver to sue you, they would have to step outside of the insurance system and file a personal injury lawsuit against you. This can only happen in special cases where injuries are classified as “significant” or “serious,” which typically have a minimum threshold of $20,000 in medical expenses.
If someone with grievous injuries sues you personally and you don’t have an insurance policy, expect to pay those damages yourself. That means out of your bank account, not your insurance company’s coffers.
Pay-to-play regulations
Many states have instituted laws and regulations to keep drivers off the road unless they have an insurance policy. This includes penalties for driving without insurance, suspending licenses or jail time. The Consumer Federation of America has a comprehensive state-by-state breakdown of repercussions of driving without car insurance.
Other states have “pay-to-play” policies, which state that an injured driver cannot recover damages for pain and suffering unless they are covered by insurance. This applies even if the driver wasn’t at fault for the accident. Eleven states currently have some sort of pay-to-play policy:
- Alaska
- California
- Indiana
- Iowa
- Kansas
- Louisiana
- Michigan
- Missouri
- New Jersey
- North Dakota
- Oregon
Pay-to-play policies still allow drivers to recover damages for tangible items like medical bills or property damage. Of course, this doesn’t entirely solve the problem with uninsured driving.
The takeaway
You should always have a car insurance policy. It’s that plain and simple.
You should also consider adding an underinsured or uninsured motorist policy for the horrible possibility of being hit by someone who’s uninsured or underinsured.
What if you have serious injuries and medical bills, but you can’t recover against anyone? An underinsurance policy allows you to recover enough to pay what you owe and stay financially solvent.
Caides says
Hey If a drunk driver crashed into me with no license and no insurance I got hurt in the accident. Is it smart to sue ? Will I even get money back in the future if the girl runs from the payments or case?
Kenneth West says
Had been rear ended and I hit the car in front of me and that guy hit another vehicle. Total of 4 cars in the sean. My insurance canceled the night before, seams I’ve injured my back and my truck is considered a loss. Just had lumbar fusion 6/19. Seeing Dr now. Possible crack in thorasic. Getting a MRI.
ANY HELP?
Ian Pisarcik says
Kenneth,
It sounds like the driver behind you was responsible for the accident. As a result, both you (and the driver in front of you) can sue the driver behind you (or file an insurance claim against their insurer). You may want to contact an attorney in your area to discuss your options.
Ian Pisarcik says
It really depends on the extent of your injuries and your financial situation. If you file a lawsuit and get a judgment against the drunk driver, there are several tactics your attorney can use to recover the damages. These include garnishing the driver’s wages and seizing their property. If you meet with an attorney, the attorney can generally do a brief background check to see if the drunk driver has a job or any assets.
Millard thomas says
I was hit by an uninsured car I need back surgery Ann maybe neck surgery. Lawyers won’t take the case what’s my next step?
Kris says
My boyfriend was driving my car and hit someone. No police report no injuries and some damage to other drivers car.. We assumed he was covered by my insurance. The other driver made a claim and my insurance denied it because my boyfriend was not listed on the policy. He was added to my policy after the accident. What can the other driver do?
Taylor says
Can an insurance company sue an uninsured driver in Kansas for damages directly? Example, an uninsured driver hits an insured driver that has uninsured/underinsured coverage. The insurance company pays to fix damage to the insureds vehicle. Can that insurance company then sue the uninsured driver for the payout amount made to the insured driver for lost money?
Melissa Gold says
Hi Kris,
That’s a great question — thank you for asking. Some insurance “follows” the car and others follow the driver. In other words, your policy, coverage, and state will determine whether a person who drives your car with your permission, but who’s not a member of your household, would be covered.
If your boyfriend has his own liability insurance, that would defend him regardless of whose vehicle he was driving. If he doesn’t have his own insurance policy, the coverage is a little trickier to determine and would depend on a variety of factors. If that’s the case, you might wish to call a lawyer for advice. Your lawyer will know the laws in your state and can interpret your specific policy to give you an answer about whether it should be covering your boyfriend driving your car.
The Enjuris lawyer directory is a great resource you can use to find a lawyer near you. Most personal injury lawyers offer a free consultation.
Best of luck to you. I hope it’s able to be resolved favorably.
Jason says
A friend of mine use my van and I wasn’t aware that my insurance was cancel some else hit him and the police say that it was the others guys fault, was going to happen now?
Terry White says
My sister was at fault in Wisconsin when she rear-ended someone. No injuries but the damage was about $5500 to the other vehicle. She had no insurance. The attorney from the other company wants the $5,500. She is on public aid with no job and only Soc disability for income. This is preventing her from getting her driver’s license back as it has been suspended. I want to help her out and want to see if the other attorney will settle for a lower amount. I can give him $1,000 maybe $1,500 but that’s about it.. Any suggestions?
Ian Pisarcik says
Terry,
If your sister has no money, the attorney knows he risks getting his client nothing. As such, he will likely be very open to a settlement. If you do reach a settlement with him, be sure he drafts an agreement releasing your sister from liability (this is generally called a “settlement and release”) so she can’t be sued in the future for the same accident.
If the attorney isn’t willing to accept $1,000, you can attempt to reach a settlement agreement/payment plan with him. For example, you could offer to pay $100 per month for 2 years or something similar.
Ian Pisarcik says
Your friend could potentially receive a citation for driving without a citation. Regardless, because it was the other person’s fault, you can file a claim with the at-fault parties insurance (or file a lawsuit against the at-fault party).
Ian Pisarcik says
Millard,
It’s possible that lawyers aren’t taking your case because they don’t think the defendant has any money to recover. Regardless, all you can do is continue to contact attorneys. In addition, I would recommend contacting the reference department of your local state bar association. Explain your situation and they may be able to point you in the direction of a pro bono attorney who will take the case.
Cameron Blair says
Hey a friend of mine wrecked my car. I don’t know if I’m being sued or not I’m trying figure out if I am. My licenses is revoked for one of these reasons. How do I check if they took me to court about it.
Ian Pisarcik says
Cameron,
When you’re sued, the plaintiff is required to notify you by personal service or by publishing notice in a newspaper in your county (if your address is unknown). In other words, you should know if you were sued. Nevertheless, lawsuits are public information so you can contact the clerk of the court to find out if a lawsuit has been filed against you.
Blanca says
I was in an accident on the 13 . I was making a u turn from the center lane there were cars coming about a block and a half away the car I hit was on the left lane but she must have seen that I wasn’t able to complete my turn so I backed up a bit so I can complete it. And I’m pretty sure she sped up and cut off the other car on the right lane to force her way thru and by the time I stopped it was to late I didn’t hit her hard but I did make a dent on her left fender we agreed that she was fine and the she wasn’t gonna call the police as long as we switched information but after we left from the scene she followed and said that she wanted to make a report after all but we had already moved from the scene I told her I couldn’t stay any more so she said that if I didn’t she was gonna report it as a hit and run can she do that .and also I have no insurance or drivers license and shes sueing me for 10,000 dollars but I have no money to pay her I live off of welfare and I have a 2 month old baby what can I do the most I can do is offer to buy her side fender to replace it but thats about it I have no money to pay her at all.. Also if she were to win the judgment against me could they take my car. Also I have no credit history would this appear when I apply for credit
Steph says
Hi,
Someone rear ended my car, I have the police report. The person who hit me does not have a license and their insurance is pending and will not pay a third party (auto body shop) biller. The person who hit me has not gotten in touch with his insurance and they have not been successful in reaching in. I do not want to go through my insurance since I was not at fault. What can I do?
Ian Pisarcik says
Steph,
Because it wasn’t your fault, the best thing you can do is contact your insurance company and explain that you want to file a claim with the at-fault party’s insurance. Your insurance company can help track down the insurance company and file the claim. Alternatively, you will have to file a lawsuit against the at-fault party in order to receive compensation.
Bailey says
Rear ended a vehicle trying to avoid a reckless driver behind me. The reckless driver behind me hit a car in front of us and fled the scene.
The police found the reckless driver at fault for the entire accident can the vehicle I rear ended sue me even though i wasn’t found at fault for the accident. (Illinois) I had no insurance.
Ian Pisarcik says
Bailey,
The rear-ended driver can still sue you and claim that you were either at fault or partially at fault. You (or your attorney) can then argue that the hit-and-run driver was at fault (or at least partially at fault). The police report will help support your defense.
Melissa Gold says
Hello Blanca. I’m sorry to hear that you’re in a tough situation. It sounds like there are several factors involved here, and your being without a driver’s license or insurance also complicates things. The best move for you would be to consult an attorney. There are lawyers who take pro bono clients (which means they would advise you at no cost). Your state or county bar association likely has a list of pro bono lawyers who might be able to help. In general, you should get a police report from the scene of any accident or collision. It can protect you from a hit-and-run charge and provides an objective account of how the accident happened.
The other driver can sue you for an amount up to what the accident’s cost was to her. So, she can make a claim for the amount she spent to have her car repaired along with any medical treatment she received (if any) and any other costs related to the accident. Please consider hiring an attorney for this matter. A lawyer can help minimize your liability and advise you on how to proceed. Best of luck.
Casey Alison says
I was on the freeway, open road ahead going roughly 50-60, when all of a sudden, traffic came to a halt and I didn’t have the time or space to break in time. I hit the car in front of me, and he hit the car in front of him. Three cars involved. My car is totaled and just discovered I missed a payment on my insurance, so it was cancelled. I’m aware that I will be responsible for all damages on both ends, but what will happen if I have no money and no assets in the state of CA?
Eli says
My mom was hit in the right rear of her car by a bicyclist. Police report says they couldn’t determine the fault of either person. No damage to her car or bicycle but the bicyclist was taken to hospital by ambulance because he complained of arm pain. 3 weeks later the guy filed a claim. Turns out my mom doesn’t have bodily injury coverage. She is disabled and is on government assistance. What is her best course of action? Thank you for any assistance.
Step lee says
Trying get license back bu5 in 2007 a car that I sold to someone was in accident I failed to go thru proper preceders and jus wrote on paper that was selling car it was in wreck they sent me a letter saying to pay a fine or come up with proof of insurance or they would suspend my license wich is wat ended up happening cuz I didn’t take the thing serious and pay the fine ..nor could i find the people I had sold car to and prove that I had sold it and that it wasn’t in my property any more …so now 2020 want my license they say I hv to fill this fr28 form to see if I hv judgments against me so my question is wat is a judgement wouldn’t i kno ifbi had something like that against me? Why the form ? I don’t understand it ? Could u please help me ???Thx!
Blue16 says
Hi, I rear-ended a car sometime in July last year. I paid the deductible for the person who’s car I rear-ended, and she sent me a letter that proves I paid her deductible. The company later sent me a letter that same year not subtracting the deductible I paid of around $3500, and that was my only letter. I thought they had let it go, but this year this month I was sent another letter from a different company and requesting that I pay around $5500. When asked for an email requested why what I owed had risen to that point, they never responded. Now they are threatening to take me to court or settle with them with 30 days. What do I do? I still have the letter and the original bill of $3500.
Melissa Gold says
Hi, there. Thank you for reaching out with this question. If I’m understanding correctly, you didn’t have insurance at the time so the other driver used her own uninsured motorist coverage for the repairs and you paid her deductible. Now, the insurer is putting you on notice that it’s holding you responsible for costs in addition to the deductible. It sounds like your best course of action is to find an attorney who can handle the negotiations. I don’t have all the facts and I don’t know what the letters claim, so I can’t suggest whether you’re responsible for the additional amount. When you find a lawyer, bring every correspondence you have with the driver and the insurance companies, including a copy of your canceled check and any other documents you have related to the accident or the claim. If you don’t have a lawyer already, please feel free to use the Enjuris lawyer directory to find an attorney in your community who can help. Best of luck!
Ian Pisarcik says
It is entirely possible that you have a judgment against you and don’t know it. If you received a notice of a lawsuit and ignored the notice (or didn’t show up to court or respond), the court could have entered a judgment against you.
I’m not sure I understand the rest of your question. For that reason, I would recommend meeting with an attorney in your area to discuss your options.
Ian Pisarcik says
Eli,
If your mother doesn’t have insurance, the bicyclist (or the bicyclist’s insurance company) will file a lawsuit against her to recover the damages. At that point, you may want to hire an attorney to negotiate a settlement.
Amanda says
A 16 year old girl rammed my parked car in a parking lot and took off. I found the mother of the girl through Facebook and I have been doing a run around with the mom, her insurance, my insurance and body shops. This morning I was talking to her insurance and it turns out that the girl wasn’t even on the policy the mother sent me. I’m thinking that she girl is insured on her mother’s policy but the car was on her grandmother’s policy. Or the girls isn’t on any. They aren’t answering the phone to the insurance company. So now I don’t know what’s going to happen. Mind you I bought this car 11 days before it happened and nothing was wrong with it so I’m frustrated. And I do also have a video of the whole accident. Does anyone know what can be done at this point?
Melissa Gold says
Hi, Amanda. You probably should seek the advice of an attorney. It’s good that you were able to identify the mother of this young woman who hit your car and that she provided you an insurance policy. However, if the car was owned by a person other than the mother (you mentioned the grandmother), that might change things if the insurance policy you were offered isn’t the one that covers the car in question. You might end up having to make a claim against your own uninsured motorist policy if you can’t claim against the insurance that covers the car that hit you. It also might be considered a hit-and-run if the driver didn’t stop after hitting your car. Depending on how much time has elapsed since the accident, that could be something you might wish to report to the police. Either way, insurance company negotiations in a complicated situation are best left to a lawyer. Please feel free to use the Enjuris law firm directory to find a lawyer near you who can help.
Amber T says
On March 13,2020 I was in a head on collision with another car . I was on residential st I was making a left on to a side st and a car was coming down that st he had a stop sign it was cars parked on the side st so we was on my side . But he smacked me dead on in pushed my car about 200 ft back .. the police said no one was at fault . On the police report it says failure to yield on his part .. I didn’t have insurance the car is in my moms name in her insurance company did not cover that car . I got a letter from his insurance company that they will sue me .. what will happen ? What should I do?
Ian Pisarcik says
Amber,
If the police report states that the other car failed to yield, then it sounds like the other car is at fault – or at least partially at fault. If you believe he was at fault, then you should (in most cases, depending on your state) file a claim against his insurance company. If he sues you for the damages (because you don’t have insurance), you will have to answer his complaint.
I would recommend having an initial consultation with an attorney in your area. Initial consultations are generally free. You can bring the document you received with you (along with a copy of the police report) and the attorney can tell you the next steps you should take.
Ian Pisarcik says
Casey,
If you have no money, the plaintiff can take certain measures to attempt to collect the debt. These include garnishing a percentage of your wages and placing a lien on your home.
Ian Pisarcik says
Yes, the insurance company can sue the uninsured driver to recover the money they wouldn’t have had to pay if the uninsured driver had not caused the accident.
Tiffany says
I was in a fender bender. The officer who arrived on the scene said that neither I or the other driver was at fault, however, the other driver’s insurance is coming after me saying I have to pay for damages. How is this fair?
Laura Smith says
If someone borrows my vehicle that has no insurance and hits a deer smashing the whole front end of my vehicle can I sue this person for damages? She hit a deer.
J says
Hello,
I rear-ended a car at a light and I am uninsured. The person I hit is filing a personal injury suit against me. I have no assets and have been unemployed for several years. How much do I stand to lose? Should I try and contact the person I hit directly and get them to drop the suit and settle without a lawyer?
Melissa Gold says
Hello, J. Thank you for asking. There are a lot of issues, here. For one, you should never be driving while uninsured. There can be significant penalties for doing so. The other driver is within their rights to file a personal injury claim against you if they have significant injuries or damages. They should first pursue relief from their own insurance company, but they can file a personal injury claim if they have extensive injuries or there’s a high value on damages. If they’re successful, they might get a judgment against you in the amount of the damages (which could include damage to their vehicle, in addition to any medical expenses and lost time from work if they were physically injured). It’s hard to collect from a person who has no assets, but it can create additional hardship for you if you have a judgment against you. If you choose to attempt to settle out of court, you would need to have the money to pay the person for their damages.
There are pro bono lawyers who will take clients on a low or no-fee basis under certain circumstances. You could try to find a pro bono lawyer near you by contacting your state or local bar association.
Ian Pisarcik says
Laura,
Generally speaking, your car insurance will provide coverage no matter who is driving your vehicle (so long as the person had permission). In other words, your insurance (in most cases) will cover this accident.
You could technically sue your friend for damages (rather than file an insurance claim), but you’ll have to prove they were negligent and your friend is probably not negligent if they ran into a deer.
Ian Pisarcik says
Tiffany,
A police officer may make a judgment about whether someone is at fault (or not), but the officer’s opinion isn’t legally binding. In other words, the insurance company can decide, independent of the officer, that someone was at fault for the accident. If you don’t think you were at fault for the accident, you’ll need to express this to the insurer. The insurer may back down or they may file a lawsuit against you for damages, at which point the legal system will decide who (if anyone) was at fault.
Stacy says
I had the green light and was t boned by driver. Police report stated i had green light and was struck however driver that hit me said the same thing. Called my insurance and they stated insurance was reinstated but would not be effective till midnight that day so now to my surprise i had no insurance day of accident. My car and other driver car is totalled. My insurance company stated i have to seek repairs from other insurance. Its been a week and other driver insurance hasn’t call back since the day after after accident yo ask my side of the story of accident. I told them i had the green light and they said they would contact me. I gave them my insurance info. Unsure what going to happen with the lapse in my insurance. Any advise
Ian Pisarcik says
Stacy,
Insurance companies, particularly during this pandemic, might take a little longer to investigate accidents and process claims. I would keep leaving messages with the insurance company.
If the insurance company determines that you are NOT at fault, your lack of insurance may not be an issue. If on the other hand, you’re found at-fault or partially at-fault, you’ll be personally liable for the damages. Of course, if you disagree with the insurance companies findings, you can hire an attorney and contest them.
Jazmin I says
My sister was hit head on by a driver, they were driving on the wrong side on the road. They hit her and caused her car to be completely totaled… flipped over, etc. At the time, she didn’t have insurance on her car due to COVID-19, no income coming in so insurance expired and wasn’t able to keep paying. She had no fault though. Is she able to sue even though her car didn’t have insurance at the moment because that other person was at fault? She is in the state of Mississippi by the way
Ian Pisarcik says
Thanks for the comment.
Mississippi follows a traditional fault-based system when it comes to determining who is financially responsible for an accident. To put it another way, the person who is at fault for the accident is responsible for paying the damages.
The fact that your sister didn’t have insurance won’t impact her ability to recover damages (assuming she wasn’t at-fault or partially at-fault for the accident). Your sister can either (1) file a claim with the at-fault driver’s insurance company, or (2) sue the at-fault driver.
Gabriel Garcia says
I got in a car accident , I have liability insurance but the vehicle I was driving at the time was not on my policy. What happen was, a car got in my lane and almost hit me. I tried avoid it by swerving but I hit the vehicle next to me and made me spin out and hit three other cars parked. What should I do the other cars are insured if not mistaken. I got a ticket for not staying in single lane and no insurance but I do have liability just the vehicle I was driving was not yet on policy and yes the vehicle is mine that I own.
Melissa Gold says
Hi, Gabriel. Well, this is going to be tricky. Normally, the insurance follows the car, not the driver. It’s not clear from your question who owns the car you were driving; if you own it and it wasn’t insured, that’s going to be a problem. The next question is whether your state is a no-fault state or an at-fault state. If it’s a no-fault state, then the cars you hit should be covered under their own insurance policies. But if you’re in a state where any damaged vehicle is covered by the insurance policy of the at-fault driver, you’d be responsible for their damages. There are other elements, too, like if any of the other drivers have uninsured motorist coverage. But it sounds like this is complicated because the car you were driving wasn’t insured. My suggestion is that you find an accident lawyer ASAP who can help you handle the insurance companies and other claims that might come your way. You can find a lawyer in your state by using the Enjuris law firm directory.
Ally says
I was in an accident in September 2016 recently got served on October 2019 that I was being sued by the driver for injuries even though she told the state trooper she was fine she picked up her bumper(the only thing that was damaged) and drove away. And also being sued by the drivers husband for her not being able to preform her wifely duties. I was driving my grandmas car which was insured but I did not know until today that my own insurance my mom had let cancel do her non payment 8 days before my accident. So today I was sent papers for my deposition obviously because I just found out I had no insurance. What is going to happen? I don’t even have anything to my name what is she going to be able to sue me for? She is also horseback riding every day on Facebook and clearly lying about her injuries. I was 21 at the time now 26. I’m terrified of going to a deposition. In ny. Thank you.
Melissa Gold says
Hi, Ally. It sounds like you need to find a lawyer. Usually, the insurance follows the vehicle (so if you were a licensed driver with permission to use your grandmother’s car, her car insurance should cover a collision). Also, the time frame is a little fuzzy, here. In New York, the statute of limitations for a car accident is usually 3 years. That means the plaintiff would’ve had to file the lawsuit within 3 years from the date of the accident. You mentioned that the accident was in September 2016 and the lawsuit was filed in October of 2019 (but that you were 21 at the time, which I would think would make you 25 by this coming September). I wonder if perhaps you are unsure about when the accident happened. That’s something to look into with a lawyer because if they missed their statute of limitations, the court can dismiss the claim.
As far as the deposition is concerned, that’s you providing testimony under oath, just like if you were in court. It’s a fact-finding opportunity for the plaintiff’s lawyer. I would strongly advise that you get a lawyer before the deposition and have them accompany you. They can guide you through how to answer the questions and if there are questions that it would not be in your best interest to answer.
With respect to the Facebook posts, you can certainly screen-grab and save anything that you think would be helpful to your defense, and share it with your lawyer.
The Enjuris law firm directory is a great place to find a lawyer near you who can help. You can also read more about New York car insurance here: https://www.enjuris.com/new-york/car-accident/car-insurance-laws.html. Best of luck.
Caleb says
1 year ago i got involved in a car accident, it was my fault I had no insurance however the insurance paid for the other cars damaged then the insurance tried collecting what they paid to fix the other car. We didn’t get to any agreement.
1 weeks ago I received a citation about this accident, the other person’s attorney Is asking me questions about the accident. It has like the approval from the county where the accident happened same county where I live. My question is if Am I obligated to answer those questions?? If I’m not What would be a way of telling their attorney that I don’t have to answer their questions?? I know I will have to get an attorney for this but I want to know what my options are. And last question if I don’t have assets neither a job and I’m a college student what could they get from me??
Melissa Gold says
Hi, Caleb. So, first things first. You should never drive without insurance. Every state has laws that require car insurance, and there are penalties for breaking them. Second, it sounds like maybe what you received was a summons, which means the other driver is suing you for damages. If that’s the situation, you will need to answer questions but I strongly suggest that you seek the advice of a lawyer first. The questions might be part of an interrogatory, which means your answers are under oath (like if you were testifying in court). Also, be sure to read the documents carefully because there’s likely a deadline by which you need to respond.
As far as your second question is concerned, you might not have assets now, but that doesn’t protect you forever. If there’s a judgment, the plaintiff can continue to renew it until you finish school, have a job, and earn money or obtain assets. In other words, there might not be money for you to pay right now but it will hang over your head (and accrue interest) until the judgment is satisfied.
The Enjuris law firm directory is a great resource for finding a lawyer near you who can help with this situation.
Meghan says
My boyfriend was involved in a car accident when the other person hit us by ignoring a stop sign we have photo evidence of the damages to the side of our vehicle we were uninsured at the time but he still hit us we filed the police report right away as he left the scene of the accident. Yet we just got served papers that he is trying to sue us for loads of cash even though the damage shows that the hit was to us and not from us. How can we fight this & do we have a chance?
Melissa Gold says
Hi, Meghan. Unfortunately, being uninsured causes a lot of problems. The short answer is that you can be sued for damages whether or not you have insurance. However, if the accident was the other driver’s fault, then how it’s handled depends on what state you’re in. If they make the case that you caused the accident, the accident might still be covered under their uninsured motorist insurance (if they have it). Without knowing the facts of the accident, I can’t speculate about who’s likely to be found to be at fault or why. But my suggestion is that you find a lawyer near you who can help. Again, the fact that you were uninsured does complicate things for you, regardless of fault. Your attorney can help you determine what are your best steps for minimizing penalties and damages. Best of luck.
Ken Krio says
I took my dads car without realizing it had no insurance and backed into a Porsche. I am at fault but I can’t afford to pay the damages due to being unemployed (I have unemployment right now because of covid) and a student. What can I do? I’m scared.
Melissa Gold says
Hi, Ken. A few things… first, you should never drive a car without insurance (which it sounds like you already know). Second, never drive a car without permission (even if it’s your dad’s car). But I don’t think that’s what you were asking. So, if the owner of the other car files a lawsuit against you for the damages and is granted a judgment, the plaintiff can continue to renew it until you finish school, have a job, and earn money or obtain assets. In other words, there might not be money for you to pay right now but it will hang over your head (and accrue interest) until the judgment is satisfied. You should probably tell your dad about the accident if you haven’t already and then find a lawyer who can help. Good luck!
Stephanie B says
Hi there my partner had a very serious motorcycle accident. The lady (22 years old) was driving a rental car and crashed into him as she was not looking so she was at fault. He suffered fatal injuries and had to have his leg amputated. We have found out she has no insurance both medical or car insurance. We have spoken to one lawyer but he says there is no way of getting money from her. Is there anything we can do to push the case further?
Ian Pisarcik says
I’m so sorry this happened to you.
When the at-fault driver doesn’t have insurance, there are a couple of potential options for recovering damages. First, your auto policy may include “uninsured or under-insured coverage.” There’s also a possibility you have some other insurance add-on that will provide some relief (such as PIP coverage). If no coverage exists, you’ll need to file a personal injury lawsuit against the at-fault driver. Even if the at-fault driver has no money, you can generally garnish her wages or, in some cases, place a lien on her home.
Liliana says
I got in a car accident back in OCT 2018 and i didn’t have insurance.. I was convicted with a dwi. I now have probation and i’m paying restitution money. But now i have an insurance calling me saying i owed them $23k because i didn’t have insurance at that time. What can i do? and what happens if i get sue?
dina albietz says
Hi, I was in a accident may 3rd 2019 on the freeway hit the car in front of me that car hit the car in front of them no one was hurt police was not called not sure who was at fault but I had no insurance my car had the most damage the car I hit had very little damage now the person I hit had insurance and there insurace is trying to get $18.000 from me and there’s no way they had that much damage , what can I do to prove otherwise no pictures were taken, it’s my word against there’s will I be liable to pay that $18.000 or do you think an attorney can help me im not saying I don’t owe anything but $18,000, there taking me to the cleaners what can I do?
Ian Pisarcik says
Liliana,
Assuming you were at fault for the accident, a judgment for $23,000 can be entered against you if you’re sued (keep in mind that you can always try to negotiate with the insurance company or plaintiff to settle your case for less than $23,000). If you don’t have $23,000, the plaintiff can garnish a portion of your wages or, in some cases, go after your assets (car, house, etc.).
Melissa Gold says
Hello, Dina. There are a few issues, here. The first is not calling the police at the time of the accident. I know it seems scary when an accident happens and you’re worried about being blamed or what it’s going to cost. But even if it seems like there’s no damage or just a little bit of damage, a police report is important… it can actually protect you in cases like this one, where a long time has passed and now the plaintiff is claiming that there’s more damage than you believe there was.
Second, your not having insurance is a problem, too. For one thing, every state requires some level of car insurance. So, you could already be subject to additional penalties for failing to have insurance. You should always have insurance before you drive! Also, part of the purpose of insurance is that it provides indemnity (defense) against a claim. So, in some ways, your insurance company acts as a lawyer would if you’re in an accident — it tries to minimize the amount of your liability.
But… it’s not for me to tell you what you should have done. Let’s talk about what to do now. You don’t know what the other driver did after the accident. She might have gone straight to a body shop and gotten a quote for the damage. She might have called her insurance company right away and made a claim. Regardless, you’re now in a position to need to defend yourself against being required to pay $18,000 out of pocket (since you didn’t have insurance). My suggestion is to find a lawyer right away. Your lawyer might not be able to get you off the hook, but they might be able to review what evidence the plaintiff has and see if the damage is really as much as they claim in order to negotiate a settlement. If you don’t have a lawyer, you can use the Enjuris lawyer directory to find someone near you who can help. Best of luck!
Jay says
Hi!
I was driving in one-lane (two-way) street. After crossing traffic light a car parked on the right widely opened the door. I swerved as much as I could but still managed to hit his driver side door only.
The car I was driving has insurance but does not cover me. The other driver has Geico. So, as a civilian Geico did not even recognize my side of story nor send any proof of the damages of other driver’s car. Geico adjuster said their driver’s door was already open when hit, so that they are putting me fully at fault. And now I get a call from some company representing Geico that I owe full $3500 because “I opened my door”, in reality the other driver opened his door.
My car 2000 Camry, his car 2016 Corolla. Cost to fix shouldn’t be high
My question is, I don’t want to file damage claim since I already fixed my car for under $150, I also don’t want to pay for someone negligently opening their door.
Who should I counter-sue in order to take the liability for accident: Geico or the driver?
Jay. San Francisco
Thomas says
Hi my girlfriend was in an accident in july she was turning to a western union, the two lane vehicles stop to let her go thru but on the third lane a vehicle hit her and the car wasn’t drivable at the moment she no insurance and no license I wasn’t in the accident I got there after it happened and the police where going to towed the vehicle because she had no insurance but am a co owner of the vehicle I had license and everything and I had an sr 22 the cheap one 24$ a month one and so the police said okay so we called our own tow truck and we had the report made but we decided to work with the other person to pay his damage and he said okay so a week past he never responded to our calls next thing you know he’s suing my girlfriend and me for personal injury they think that the vehicle was insured because it was released and on the report it says an insurance but we just want to make and offer or what do u suggest to do we want to get out of this thank you for your comments
Melissa Gold says
Hi, Thomas. I’m sorry this accident happened and glad that it sounds as though no one was injured. So, it’s never a good idea to drive without insurance or without a valid license. An SR-22 isn’t actually an insurance policy, but rather an add-on to your regular insurance. It is supposed to prove that you have insurance — so, it would seem that if you have a valid SR-22, then your car is also insured according to the requirements of your state.
Either way, you can choose to pay out of pocket for the other driver’s expenses if that’s how you’d prefer to handle it. You can negotiate with them to see if you can come to an agreement about the amount owed. If you can’t come to an agreement, they might continue to pursue a lawsuit. If you didn’t have valid insurance at the time of the accident, you can be responsible for the damages.
Regardless of whether or not you can settle this with the other driver without a lawsuit, do get insurance (and advise your girlfriend that she shouldn’t be driving without a valid license!). Best of luck.
L Simpson says
Missouri accident – I was driving through a 4 way, no stop signs, as it’s in the country. Someone came from the left side of the 4 way and hit me. No injuries, just damage to vehicles. My insurance had lapsed the month before. I was working and didnt want to lose my job, so we both agreed to pay for our own damages. A month later I get a letter from their insurance company saying I was at fault, and owed 7500 for damages. I called them and informed them of the details and our agreement. They say they will have an insurance adjuster call me, I dont answer unknown numbers, but I never got got a voicemail. I start receiving notices from different collection agencies that I owe this money. I ignore it because I know I am not at fault and they cant make me pay for someone else causing this accident. Fast forward 1 year, I get notice from the sheriff’s department that they are taking me to court over this. Missouri law says a 4 way with no stop signs the person on the right has the right of way, how can they claim I’m responsible?
Melissa Gold says
Hi, there. First things first… it’s against the law in every state to drive without insurance. It’s never going to look good for you to an insurance company or in court that your insurance was laspsed.
As far as the accident, itself, you might have agreed at the time to settle without insurance, but unless you and the other driver signed a legally binding contract, they are still free to call their insurance if they decide to do so. If you had insurance, their insurance company would’ve contacted yours and it might’ve been handled that way. But since you didn’t have insurance, they’re going to come after you, personally.
It sounds like they tried to recover damages from you and couldn’t reach you, which is why you received a summons from the Sheriff’s office. You really should not ignore that. Without knowing the facts of the accident, I can’t speculate as to who’s responsible, but it definitely sounds like you should get an attorney to help at this point. If you need it, the Enjuris law firm directory can give you suggestions for lawyers near you.
Melissa Gold says
Hi, Jay. It sounds like there are some questions of fact, here (in other words, there’s not a clear picture of what happened because your version is different from what the other driver reported). My suggestion is that you retain a lawyer who can help sort this out. It also sounds as though there are a few steps missing — like getting quotes from an insurance-approved service center for fixing both your car and the other driver’s. And, there might be other issues related to the insurance since you mentioned that you weren’t covered under the car’s insurance. Most of the time, the insurance “travels” with the car and an accident is covered if the driver has permission to be driving the car.
Because there are so many questions and this sounds complicated, a lawyer is probably the best person to advise you of how to proceed. Best of luck! You can feel free to use the Enjuris law firm directory: https://www.enjuris.com/directory/ to find a lawyer near you who can help.
Jay says
I was in an accident almost two years ago without insurance. I was fresh out of college and super broke, so I kept putting it off. Well I just got a court notice that the guy is suing me. But I’m confused because I’m paying his insurance company for damage and his medical bills every month. It wasn’t a serious accident, we were both fine and refused medical assistant at the time of the accident. So I’m not sure if he can get more money out of me?
Dany says
If I was involved in a car accident and placed at fault and my insursnce company dosen’t cover bodly injury and now the defendant comes after me with a lawsuit but I have no job, no properties, no money, am I gonna be in trouble?
Ian Pisarcik says
If you have no money, no job, and no assets, the plaintiff won’t be able to recover anything from you immediately. However, the plaintiff can file paperwork to garnish your wages once you do get a job. What’s more, the plaintiff can probably collect post-judgment interest on any debut not paid immediately.
Graham Mallernee says
If she is on disability, they cant touch any of it. Maybe they try to take property or savings, but your mom is judgement proof when it comes to her disability.
Marcy Fox says
I was driving my boyfriends car and while going down hill about to reach a yellow light I attempted to break but realized the breaks had gone out. He had just had a mechanic flush the breaks a couple days prior to that. I didn’t expect for the breaks to just give out. I ended up running over an island the side walk into a property wall and finally hit someone’s parked car. I was driving with no license and no insurance. My boyfriend had no license either I was just eager to practice my driving. Now I’ve been billed for $7000 for the damages and the citation from the police is $1000. I’m a single mom and I don’t have a job right now I’m freaking out and I don’t know what to do. HELP ANYONE
Ian Pisarcik says
It sounds like there’s at least a possibility that the mechanic was negligent and their negligence caused your breaks to fail. However, it’s impossible to know without more information. It’s unlikely that an attorney will take on your case given (1) the costs associated with proving that the mechanic’s actions caused your accident, and (2) the relatively small amount of damages that could be recovered. With that in mind, it may be worth reaching out to your local legal aid organization or your state bar association to see if there’s an attorney who will handle your case for free.
If you are unwilling or unable to pursue litigation, most counties offer payment plans for paying citations. Similarly, you may be able to arrange for some sort of payment plan with the property owner.
Shay says
What should I do if I got a lawsuit from the company insurance of the other part involved in , for a car accident that I cause and I drove without car insurance In the state of Michigan? They said they going to charge me for what they pay to repair the vehicle but that I’m going to receive the information by mail in a few months. That they can’t disclosure with me any other information. They just called me to tell me that. Not sure what should I do now?
Jimmy says
My car was parked on the street in front of my house. A guy backed into it coming out of his driveway. He had no insurance. By the end of the conversation with the police officer, the guy went on his phone and put insurance on his vehicle. I am no genius, but pretty sure you cannot put insurance on a vehicle after your accident. although it would be nice 🙂 I have un insured motorist on my vehicle. it is a requirement in my state (WI). but the policy seems to only state “bodily injury” not “property damages”. My insurance office is closed until Monday. What are my options here?
George Ramirez says
I was being chased by a man in his vehicle and i was frightened and tried to lose him, but ended crashing into another vehicle. The person was injured and I didn’t have insurance under my name. I’m still a minor 17 going to turn 18 next month. The vehicle is insured under my fathers name. The injured person hired an attorney. What should I do or what is going to happen ?
Dan says
I had a car accident under my dad’s insurance policy (I am not a driver in this policy). The insurance doesn’t want to pay for both damages of the other vehicle and our car because we have full coverage with him. However they are disputing that because I was not a driver they will not pay for anything. Is it smart to contact a lawyer about this or how should I proceed?
Ian Pisarcik says
Dan,
Most insurance policies cover any person who is driving the vehicle with the owner’s permission. In other words, most policies would cover YOUR accident, so long as you had your father’s permission to drive his car. However, an insurance policy can specifically exclude people from coverage. Without reviewing your policy, it’s impossible for me to know whether or not your insurance company is wrongfully denying your claim. I would recommend requesting a copy of your “full policy.” If you can’t tell who’s covered by reviewing the policy, consider taking it to an attorney.
Jess says
A insurance company is sending me bills of a accident I got into with another girl on campus when it wasn’t my fault and there was never a police report or anything just her word against mine. My insurance lady said I was a excluded driver even though it’s my car and I am paying for it and the insurance and she knew that. What can I do and can the insurance company sue me?
Curtis says
I had a car accident a few days. I was at fault for improper lane changing but the other driver didn’t have a license or insurance. Can they sue me? This happened in Louisiana.
Ian Pisarcik says
Curtis,
Even though the other driver did not have a license or insurance, they can still file a personal injury lawsuit against you (or even make an insurance claim against your insurance). Unfortunately, the fact that the driver did not have a license or insurance doesn’t impact the issue of liability.
Shamya says
If the driver rear-ended me, and caused me to hit on come traffic car , but the driver that hit from behind had no insurance , should I consult in a lawyer ,and if so what am i looking to obtain from this accident, being that my insurance was only PIP.
Ian Pisarcik says
Assuming the driver who hit you from behind was responsible for the accident (which is generally the case), the driver is responsible for your damages and the damages incurred by the vehicle in front of you. Because the driver had no insurance, you’ll both have to use your uninsured motorist coverage and sue the driver for any damages not covered by your uninsured motorist policy.
Ian Pisarcik says
Jess,
It sounds like the insurance company for the other driver considers you liable for the accident and is attempting to recover damages from you. I would recommend sending the insurer (or having an attorney send the insurer) a letter explaining that the accident was not your fault. Keep this letter short and simply state that you were not at fault for the accident. At that point, the insurance company (or the other driver) will have to file a lawsuit to recover damages from you. Once the lawsuit is filed, you’ll have an opportunity to respond and argue your case.
hubbahay says
I was in a car accident yesterday and cited for an improper lookout. I don’t have car insurance but the other car did not get damaged nor was he injured. Do you think they will sue me or find a way to let me pay them back? My car took the damaged and is no longer drivable. Will he file a claim on me? Is there any way I could just pay him by installments or work things out without the insurers being involved?
Ian Pisarcik says
It’s hard to believe that the other driver’s vehicle was not damaged if your vehicle in undrivable. Nevertheless, if the other driver did not sustain any damages, then you do not owe him any money.
It’s impossible to tell whether the other driver will file a lawsuit. If they do, you can certainly negotiate with the other driver and attempt to reach some sort of installment agreement.
C says
Hello from Illinois,
My boyfriend was driving my parents car to school and got involved in a car accident.
Car #1 ( parents car) Car #2 (other car involved)
Car #1 was in front of Car #2 in a single turning lane at a stop light. Turning light turned green and cars slowly accelerated into a 2 lane street. Car#1 is still in front of Car #2 at this point driving slowly because light just turned green. Car #1 driving 10mph tried switching lanes and Car #2 speed to switch lanes at the same time. Car #2 has a scratch on the impact site and Car#1 has a broken bumper since Car #2 almost ripped it off. Owner of Car #2 is trying to sue my boyfriend for 20k for injuries and days missed of work & soccer. Mind you my parents arrived to the scene immediately since the accident was 2 mins away from my house. Owner of Car #2 told my parents he was in another car accident couple days before this one. His car had minor scratches barley anything. So it’s shocking that he wants to sue that much. Is there anyways a lawyer would take this case. My boyfriend is the one that got the ticket.
Marc says
From Denver Colorado: I was involved In a car accident last year, December 13, 2019, in which I was cited. About two weeks after the incident I found out my insurance company had canceled my policy on December 3rd. The agent stated letters were sent To inform me but I had not received them. I had no idea, thus I went into my agents office to obtain the letters. He advised me to call the insurance company. I called the insurance company and was told it didn’t matter if I received them or not, that they were sent to my address and legally that’s all they had to do. Now, Almost 1 yr later the attorney for the insurance of the other car involved in the accident has left a voice mail stating to give him a call in regards to the matter at hand. At this point I Don’t know what to do or what to expect. Should I call the insurance attorney or wait until I get legal advice/rep? I have tried to contact an attorney but given that it was The weekend, It was difficult to talk to one to seek Legal advice. The attorney offices I did speak with unfortunately could not help me in this matter and advised me to seek a defense attorney. Any suggestions and or comments are appreciated. Thank you !
Please help says
From Michigan
Oct 21. Some one ram into both cars that were parked in front of the house. The guy fled the scene, I have videos of the accident, he didn’t have any licenses plate and no lights on, he also hit 2/3 other cars down the street and alley, and they abandoned the car, the police took the car and I did make a police report that same day of the accident. I don’t have insurance, I just bought my car 3 months ago and the other less than year they are both 2017, my car flew on top on my husband car, and landed on the the sidewalk, I was able to get information about the person driving the other car, the wife is registered to the car they claim they sold the car but don’t have information about the new owner, he doesn’t want to report it stolen, and claims to help pay but I haven’t heard from him, since Friday. What action should I take, and I know I should of gotten insurance but being young and living in a lower class neighborhood is very expensive.
Gail Thompson says
From California: My kids father took my car with out permission and got in a car accident back in OCT 2018 and i didn’t have insurance.(he wasn’t aware of). I revived call from a insurance calling me saying i owed them $22k And Threatening to sue. what happens if i get sue? Can they still sue if the accident has been over 2 years? They most of the fees are from personal injuries. *i don’t know what happen the time of the accident being that I didn’t know my car was taken.
K. Hendricks says
I have a case where I was in an accident and had no insurance. My license is now suspended. The amount is around for 50,000. I cannot afford a lawyer and have reached out to legal aid. I need to get my letter out by this week, I have no idea what to say, I feel like there’s nothing to say. They charged me with failure to yield right of way. My issue is why would they wait 5 years to sue me.. is there a time stamp on that stuff?
Ian Pisarcik says
In general, the statute of limitations (the time a plaintiff has to file a lawsuit) in Virginia, as it pertains to personal injury claims, is 2 years. The clock on the 2-year time limit begins ticking from the date of the cause of action (i.e., the date of the accident). This law can be found in Virginia Code § 8.01-243. However, the statute of limitations may be extended if the plaintiff didn’t discover their injury until after the accident (for example, if they were injured in the crash but their symptoms didn’t appear until later).
In this case, it sounds like there is at least a good possibility that the statute of limitations has run and the case should be dismissed.
Ian Pisarcik says
The statute of limitations is 2 years in California, but this can be extended in certain situations (for example, if the injured party didn’t discover their injury until after the accident).
More importantly, you are not liable for the accident if you weren’t driving. I would recommend telling the insurance company that your children’s father was driving the vehicle (without permission) when the accident occurred. The insurance company should then sue your father’s children. If they continue with the lawsuit against you, you’ll need to tell the judge that you weren’t driving and (if possible) provide proof.
Ian Pisarcik says
Does the at-fault driver have insurance? If so, I would make a claim with their insurance company. If they don’t have insurance, I would recommend filing a lawsuit against them. If they claim they sold the car before the accident, they’ll have to provide proof to the judge.
If you need help locating an attorney, consider using our free online directory.
Blair says
Hello, I was recently in an accident and did not know my insurance had lapsed since my parents usually pay for it and they were in the middle of switching car insurance. The other party’s insurance company called me to say my insurance said my policy was inactive and that according to the account, I was at fault.
My car sustained the most damage the other car only had a small dent, but is now claiming he has back pain from it. I’m a full time student and do not work. I am extremely concerned about possibly getting my license suspended because of this, if I had known about the insurance issue I wouldn’t have driven. Do you suggest I seek a lawyer (if so what kind) especially because I’m concerned about my license or if it’s possible to settle with the other person outside of insurance? Thanks for your help!
Tony says
I had an accident at a intersection the other driver didn’t have a light or a stop sign I tried crossing the intersection (I was already half way the intersection) but the other driver was going too fast and hit me in the middle part of my vehicle I’m currently going to court for failure to reduce speed to avoid accident I don’t have insurance and I’m worried I’m looking for any options .. another thing the vehicle is under my mother’s name is this going to affect her?
Ian Pisarcik says
It sounds like the other driver may be at least partially responsible for the accident if they were going too fast. If you don’t have insurance, the other driver will probably file a lawsuit against you for any damages. Your mother will not be impacted by the accident, as you (the driver) are liable and not the owner of the vehicle.
Amy says
From California
I was hit on my passenger side at an intersection when the other driver ran a red light. I did not have car insurance on my car and me and my daughter, who was also in the vehicle, had to go to therapy for our injuries. At the time I also did not have a license but I was recently able to acquire my license. My car is no longer driveable. His insurance company is now suing me for $10,000. I tried getting 2 different attorneys but they both rejected my case citing that they couldn’t find enough evidence that would help my case. There were no witnesses. It is basically my word against the other driver on who ran the red light. I am not sure what to do. Can I sue him for damages to counteract the insurance lawsuit against me ? Should I try finding another attorney ?
Nicky says
My son’s car was involved in an accident by his cousin. The vehicle didn’t have ins at the time. The ins immediately sent the amount that they paid out to a collection agency that is trying to recover damages from my son and failure to pay would result in his license being suspended.
Is my son liable or the cousin? Would my son have a case against his cousin for the $20000 in damages? Can the collection agency legally suspend his license?
Chanel Jones says
I’m Located in California and I was driving south bound and needed to make a left turn to travel east bound to my destination, I scanned for pedestrians and didn’t see any crossing the street, once I was already in mid turn I hit a pedestrian with the right side of my car and immediately stopped my car and got out to help her. I went to her and offered help and also offered to drive her to the hospital and call an ambulance, her her significant other was with her and I asked them if they would like me to drive them to the hospital or call and ambulance, her significant other said no he didn’t want me to call and ambulance, I left my cellphone in the car and didn’t want to leave her side cause I wanted to help her she was coherent, I tried to help her up to her feet but she didn’t want to try to stand, I looked back and noticed my car was still in the middle of the street so I went to move it out of the way because I didn’t want to be in the way of oncoming traffic, Once I moved my car I grabbed my cell phone and went back to her aid, the onlookers near the accident called the ambulance to the scene, I stayed with them both and asked them their names but they wouldn’t reply to me stating there names, but I told them mine and someone watching took a picture of my license plate with their cellphone. once the ambulance came to her aid she stood up when they asked her too. The pedestrian wasn’t far from the curb at all once she was hit, the police were called and they took a report from us and she was taken away in a ambulance, they took down my information and they then asked for my insurance and I was uninsured at the time, ( however I am now) I wasn’t under any influences at all. The police didn’t give me a ticket at the scene but they told me how I could obtain a police report of the incident. I received a letter from an attorney’s office that represents the pedestrian. My question is what is likely to take place in this scenario since I didn’t have insurance at the time and the pedestrian stepped in to the street after I had made the turn and was hit in mid turn not far from the curb?
Melissa Gold says
Hi, Chanel. First, thank you for doing the right thing and immediately stopping to see if the pedestrian was injured and doing all you could to assist. It’s good that you obtained a police report, shared your contact information, and took all of the other appropriate steps after an accident. However, being uninsured will be a problem.
A driver is required to have uninsured motorist coverage. If she does, then she can make a claim for her damages against her own policy because you’re uninsured. However, if the pedestrian was not insured (if she doesn’t own a car, she’d have no reason to carry auto insurance), then she would have no way to collect damages other than to file a personal injury lawsuit against you. That would put you in a position of being liable for paying her damages out of pocket, and a judgment lien could be entered against you if you don’t have the money to pay. Even if she has uninsured motorist coverage, she can sue you for any amounts of damages that are above her policy limits.
My suggestion is that you consult a lawyer to find out the best way to approach the situation. In addition to damages to the plaintiff, you might also face penalties for driving uninsured. Also, get insured! There’s more here about California insurance requirements. You can find a California lawyer here. Best of luck.
Cristhian Ariel says
A mi papá lo chocaron por la parte de atrás del auto y el choco al de enfrente fueron 3 coches los que están implicados incluyendo el de mi papá lo que pasa es que el no tiene licencia ni seguro y el coche que nos choco por detrás se fue a la fuga. A el lo sitaron a corte y su caso con migración no está tan bien y no se que va a pasar usted cree que pueda enfrentar cargos..?
Melissa Gold says
Hola. Lamento mucho escuchar que tu papá está en esta situación. Desafortunadamente, es un problema que no tuviera licencia ni seguro. Sin embargo, parece que estás preguntando más sobre su estatus migratorio que sobre lesiones o daños relacionados con el accidente. En lo que respecta al accidente, parece que no tuvo la culpa porque le chocaron por detrás, pero podría ser sancionado por conducir sin licencia y sin seguro. También podría ser responsable de algunos daños causados por el automóvil frente a él, según las leyes de culpabilidad en su estado y los hechos relacionados con la colisión.
Un inmigrante indocumentado puede obtener una licencia de conducir en algunos estados. Puedes consultar con el DMV de tu estado para determinar si ese es el caso donde ustedes viven.
Probablemente sea mejor que tu papá se comunique con un abogado que se encargue tanto de la defensa relacionada con el accidente como de la ley de inmigración. Esto podría convertirse en una situación complicada, y deberías tener un abogado que conozca los hechos y esté familiarizado con las leyes de su estado. Además, si va a conducir, debe obtener una licencia de conducir y un seguro. Lo que ya sucedió, está hecho, pero las infracciones posteriores pueden dar lugar a penalidades mucho más graves. La mejor de las suertes.
Sydney says
I got into an accident last night that was my fault and I have a hefty loan on my car already and the other driver was okay and I’m okay. But I found out when I got home that I don’t have insurance. I missed a payment apparently and they cancelled my insurance but we never got a notification about the cancellation and they said they sent it out but we never got it. I don’t know what the steps are I need to take. We filed a claim with the cops and we exchanged info but I don’t know what to do. I don’t know what the steps are to take to handle this. I’m a woman in her early 20’s and I have nothing. I can get a job and pay them off. But what can I do?
Ian Pisarcik says
I’m sorry this happened to you.
Because you are an uninsured driver, the other party (or their insurance company) will attempt to recover damages from you personally by filing a lawsuit against you and obtaining a judgment. If you don’t have any money, the other party can garnish (take a certain percentage) of your future wages. Your best option is to talk with the other party’s lawyer (once the lawsuit is filed) and attempt to work out a payment plan that works for you.
Keep in mind that most auto loan companies require you to maintain insurance. Accordingly, the bank that loaned you the money for the vehicle will also be seeking money to repair the vehicle.
Sally says
Hi,
My brother’s car got hit and the car got totaled. It was not his fault. The car that hit him run away but after a few hours he came back in the place of incident. The cops were there, and he didn’t have an insurance. My brother’s insurance doesn’t have uninsured motorist policy. So his insurance told him that his car was gonna be totaled and he’s not getting any money on his car. It’s like all the years he paid for his car just banished and he can’t even go to hospital because it will be out of pocket for him. The cops suggested to sue the guy if my brother wants to get money. Is that the only way? If yes, will it be easy?
Melissa Gold says
Hi, Sally. I’m sorry to hear that this happened to your brother! If your brother has collision coverage and MedPay, he can claim the damages to his car and his medical bills related to the accident. However, if his damages are not covered by his insurance then, yes, he could file a personal injury lawsuit against the driver who hit him does not have insurance to cover costs.
Unfortunately, claiming damages through a lawsuit is rarely easy, especially if the other party is uncooperative. I’d suggest that you contact a California personal injury lawyer who can review the facts and evidence to advise your brother how to proceed. You can read more HERE about California liability and insurance laws, and HERE for hit and run. Best of luck to both of you.
Betza M says
Hi! Quick question, so I was about to leave for my lunch break and at the time of reversing I did not notice this lady also reversing. She didn’t see me and I didn’t see her. 50/50 fault maybe? Anyway, I just got the car from one of my parents friends who buys and sells cars. I don’t have insurance and the car never had insurance as far as i know. Nothing happened to either of us, nothing happened to the back of my car but the door of her truck just dented a little and she said the dealership told her the sensor messed up. Said they told her it was 3k to fix. I tried calling her to see if we could come to an agreement but she did not get back to me for a week and then said she just filed a claim because she doesn’t have time to mess around with car stuff and they would contact me. They have yet to do so. She told me if I keep dodging them (her insurance company) they would sue me? but they haven’t even called me?
the question is, can they sue me if i don’t have insurance? i mean i’m still willing to come to an agreement but she won’t even answer my calls. what should i do?
Melissa says
My boyfriend rear ended another car. We are both on the insurance and my sister was a cosigner at the time of the accident.
Both drivers were both stopped at a light and my boyfriends foot slipped off the break due to a medical boot he was wearing. The other driver hit her nose because she wasn’t wearing a seatbelt. She is now seeing for above out PIP coverage. There is no damage to either vehicle and no tickets were given. We both carry the same insurance company. Immediately after the accident my boyfriend purchased the car.
Are me and my sister still liable if my boyfriend owns the car now? Is the other driver partly responsible for not wearing a seat belt? This is the other drivers second auto lawsuit in 2 months. Can they sue for large amounts with minor to moderate injuries?
Dustin says
What if the insured driver was at fault even tho we had none
Elizabeth says
My daughter was in a car accident, her fault; her small car and a minivan. There were injuries but no one went to hospital at time of accident. Her insurance lapsed so she had no insurance in a no-fault state. She has recently found out the other driver, who we suspect also had no insurance or at least did not own the minivan they were driving, is suing her. My daughter’s car was totaled and she has no job, no assets. How can they sue her and are there any limitations?
Melissa Gold says
Hello, Elizabeth.
I’m sorry to hear about the accident but glad no one was seriously injured. It’s going to be a problem for your daughter that she was driving without insurance. It’s illegal in every state to drive without insurance, and she might receive penalties or fines. In Michigan, you can be fined between $200 and $500 and spend up to a year in jail for driving without insurance. She can also be held responsible for paying out of pocket for costs related to the accident.
The driver of the minivan is within their rights to sue your daughter if she caused the accident. If there’s a judgment against your daughter, who has no job and no assets, she could declare bankruptcy, which would mean she is no longer responsible for paying the judgment. The judge could also order a payment plan, which means she might be responsible for paying off small amounts at a time — just like paying off a credit card or other debt.
Adam says
I took my dad’s car without his permission and went on a drive and I rear-ended someone and I didn’t have any insurance at that time. the guy I rear-ended sued me and my dad for personal injuries because the car was under my dad’s name and I was not included under my dad’s insurance. I’m a student and I don’t work and they have sued both me and my dad for 25k. does he (my dad ) have to pay for this since it was his car? we are in a state of maryland. The guy sued his insurance compy and me for money then circuit court closed the case and now his insurance company sued my dad and me for 25k. my question is do my dad have to pay for it? he didn’t give me permission to drive his car and I voluntarily took the car and drove it.
Ella says
My car got hit me from my driver door with front of his car and my car got totaled driver who hit me didn’t have a driver license or insurance! my insurance company paid for my car now I got served then states passenger on the other car says she got injured and suing me for $1 million
My insurance company said they will handle everything and we didn’t do anything even though I got injured to because of the cost we didn’t get go to Emergency room that day,
Melissa Gold says
Hi, Ella. I am sorry to hear that this happened but grateful you weren’t seriously injured. If I’m understanding correctly, the other driver was at fault but didn’t have insurance. I’m not sure why the passenger in the other car would be suing you for injuries if the other driver was responsible. However, because this seems complicated and involves a large sum of money, it would be best to contact a personal injury lawyer. Part of your insurance policy is indemnification, which means it would defend you in a lawsuit. Still, a lawyer could still be your best advocate in a complicated and expensive lawsuit. Please feel free to use the Enjuris law firm directory to find a lawyer near you. Best of luck!
lucas says
Hola, en caso de que choque con alguien sin cometer infracción alguna pero el otro resulta lesionado y me demanda, el policía no dio tiket a nadie, que puede pasar, vivo en miami
Melissa Gold says
Hi, Lucas. Florida is a no-fault insurance state. That means each driver is responsible for paying for their own damages. However, if the other driver’s costs are higher than their insurance policy covers, they might be able to sue you for the additional costs above their policy limits if you were at fault. You could be at fault even if you didn’t break any laws and didn’t receive a ticket. If a claim is made against you, the insurance companies will determine who was at fault and for how much of the damages. If your insurance company isn’t helping you, you’re welcome to use the Enjuris law firm directory to find assistance. Best of luck!
Smile guy says
What to do if you hit someone and you don’t have an insurance at the moment but it’s your mistake?
Ian Pisarcik says
If you’re uninsured and the accident is your fault, you are responsible for paying the damages sustained by the injured party. In most cases, the injured party will file a lawsuit against you. Once this is done, you can attempt to negotiate a settlement with the injured party.
Daisy says
My sister was at fault for an accident, in a car I sold her we hadn’t had the chance to transfer it to her name yet and she was driving without a license, the insurance was under my name as well but they a denied the claim. I had nothing to do with that accident and I was not the one driving i wasn’t I there when it happened but I received a letter from one of the persons involved stating that i was liable and demanding I pay or she will sue me. Can she do this? Even though I wasn’t the one driving ? How do I respond to this demnad?
Melissa Gold says
Hi, Daisy. Usually, the insurance follows the vehicle in an accident. That means your sister would be covered under your insurance policy if she was driving your car with your permission. Even though you “sold” her the car, it still belongs to you if you hadn’t yet transferred title. My suggestion is that you contact a lawyer before responding to the demand letter. It’s hard to know exactly what’s what based on these facts, but a lawyer can help you sort it out. If you need help, you’re welcome to use the free Enjuris law firm directory (https://www.enjuris.com/directory/) to find an attorney in your area who can help. Best of luck to you.
P.S. Please tell your sister that she can have steep consequences for driving without a license! She needs to take care of that before she drives your car or ANY car!
Karla says
Someone without insurance crashed into my aunts car while parked. Her insurance had just expired the day before because she just got a new car and was about to sell the one that got hit. I know a lawyer won’t be interested since there’s no injuries and she didn’t have insurance. So is there anything she can do? Can she sue without a lawyer or can she go talk to the lady that hit her and try to get money directly from her? (Texas)
Sophia says
Here in Atlanta, Georgia, I left a restaurant after a few drinks, then about 0.3 miles away from the restaurant, a car in the left lane next to me decided to get over while I was in his blind side causing my car to get totaled. He called his insurance and told them it wasn’t his fault. Right away they declared they couldn’t insure me because of “his words” with no police report. I obtained the police report the day after and it states that he was the cause of the accident. It also states, that I was driving under the influence. I was not insured at the time for like 2 months and a couple weeks. Whats the best way to make sure they take care of my car?
Rosa says
Tuve un accidente de bicicleta, yo iba en mi bicicleta y el conductor del automovil me golpeo de contramo y alcoholizado. El seguro le dio la culpabilidad al 100% a la otra parte. Mi abogado me llamo diciendome que el seguro de la otra parte era un dinero insuficiente para mis gastos medicos, me dijo que es el maximo que me pueden dar para pagar mis gastos medicos. Mi abogado me recomendo reclamarle a mi seguro que es de un monto mayor. Si le reclamo a mi seguro en vez de la otra parte, no puede afectar a mi seguro? No me subira la cuota de pago en el futuro? Podrian asesorarme con respecto a esto? No se si reclamar a mi seguo o es mas conveniente ir a juicio con la otra parte. Espero su respuesta.
Melissa Gold says
Hola. Lamento que haya resultado herido.
La forma en que se maneja el seguro depende de cada estado. Un accidente en el que un ciclista resultó lesionado y el conductor reconoce su culpa no debería hacer que su póliza aumente.
Sin embargo, si presenta un reclamo sobre su propio seguro o el seguro de la otra parte depende de si se encuentra en un estado de culpa o en un estado sin culpa. Si el seguro no es suficiente para cubrir sus lesiones, puede presentar una demanda contra el conductor por sus daños.
Como parece que ya está trabajando con un abogado, probablemente le estén asesorando según las leyes de su estado. Siempre puede pedir una segunda opinión de otro abogado si cree que está recibiendo un mal consejo.
¡La mejor de las suertes!
Ian Pisarcik says
Your only options are to (1) file an insurance claim with the at-fault driver, or (2) file a lawsuit against the at-fault driver. Either way, it sounds like the at-fault driver (or their insurance company) will contest liability. The police report is helpful to your case, but police reports are not irrefutable and (in most cases) are not allowed in court.
To summarize, I would recommend filing an insurance claim. Be sure to submit a copy of the police report with the claim. If the insurance company denies your claim, you’ll need to hire an attorney.
Ian Pisarcik says
Your aunt can file a lawsuit without a lawyer. She might consider filing her claim in small claims court if she is asking for less than $20,000. Your aunt can also talk to the at-fault driver and try to reach a settlement with her.
Johnchrysostom says
I live in Indiana which is an at fault state. My parked vehicle was damaged by an uninsured motorist who admitted fault in a police report. I carry uninsured motorist insurance. Can I sue the person at fault to recoup my $500 deductible fee?
Ian Pisarcik says
Yes. You can sue the at-fault driver for the deductible you were forced to pay to tap into the rest of the uninsured motorist coverage. Unfortunately, driver’s who are uninsured often don’t have the money to satisfy a judgment.
Cindy says
My boyfriend was involved in a accident. 100% his fault and he agreed to pay back the insurance company once the guy filed the claim because we were uninsured. He got the bill 1 week ago and it was over $9k. It seems a little over dramatic for the non visible damage cause to the other car. Can he ask for an invoice/proof of what was done to the car? Like an itemized bill? Anything helps!
Ian Pisarcik says
Your boyfriend is allowed to negotiate with the insurance company. Accordingly, he can certainly ask the insurance company to see documentation regarding how they reached the $9,000 number (i.e., auto repair estimates).
Erik says
I would like to add on to that. What you already paid the person for the estimated damages on the vehicle and nothing else and you have proof but now they’re seeking more money. Can they still sue you?
Ray Husek says
I got into a car accident Monday. I don’t have insurance because I had my license suspended for failure to pay a ticket and geico wouldn’t continue my policy and I can’t afford a $1,700 chunk for a 6 month premium. Turned left on a green light and the lady came flying down the hill to make the green light, with no headlights. She hit the back of my car head on and I don’t Ave insurance. The cops didn’t allow an exchange of info they just told me to pick up the police report on November 1st, in two months. now I have no car, two children, and am on public assistance. Just moved here so I have no extra money. Am I going to get sued? Should I she? Nobody really told me anything.
James says
I was involved in a 4 car fender bender accident. The accident report that was given by police at the scene had cars 1-4 mentioned. Car 1 hit car 2(me), car 2(me) was pushed into car 3, car 3 pushed into car 4. The vehicle I was driving is registered to my grandfather, but he does not drive the car. I have insurance since I’m the primary driver, but I’m the only one on the insurance policy since I’m the only one to drive it. Will this cause an issue when it comes to the claims side of it?
Jenni monroe says
I am being sued for a car accident that happened about four years ago. It was my car but it wasn’t insured so I wouldn’t drive it as I had just bought it from the dealership. My ex boyfriend took my car while I was at work and crashed it. I never got the car back and he went to court a couple weeks later for it. Then last year I got served saying My ex and I are getting sued by the insured company of the car he crashed into. I’m not sure what to do now.
brayam gamboa says
I got hit by an uninsured driver with no license. I filed a police report and would need to go to court . Does the court have some type of process where there can I guess you can call it obligate the uninsured driver to pay for the damages . I only have liability insurance. Not full coverage.
Estrella says
I hit a car and I have no insurance she wants to sue me for the damages since I can’t pay out of pocket but I have no money no assets what will happen to me if I let her go through with the lawsuit…
Lavergne says
But if the person driving the car I hit has no license or insurance himself. The passenger is now suing me for repairs and bodily injury?
Crystal says
I was in an accident 9/16 hit an run. A witness that would have been hit instead of me followed the man to his house took pictures of the company truck an address. When the cops came they went to his house an he fled on foot. The driver was not the owner of the company vehicle. I have 6k in damages an I’m fully covered however the company vehicle has no insurance an expired tags. I was sore from my seatbelt an bruising on my torso area. The pain in my neck/collar bone on left side an right wrist still hurts so I’m seeing my doctor tomorrow 10/14. Even though I’m fully covered so I get my own lawyer to Sue this company? I’m not sure what to do now? The owner gave the police two days ago a policy number that is not active. I have made a insurance claim with my company and the company the owner provided the police the other day. I have called lawyers and I’m getting no where. I either get they won’t take the case or we will call you back and never do. What do I do in this situation and if I do end up with medical issues is it to late now? Oh an the owner still hasn’t picked up the company truck from impound. I’m so lost and this isn’t fair!
NurseinUT says
My step child got in an accident. They were driving a car owned by their mother and were most likely at fault. It turns out neither the vehicle or driver were covered under insurance. Both vehicles are totaled, my step child is in the hospital as well as three teenagers that were in the car with them. Unsure if the other driver sustained injuries. My husband shares 50/50 custody with his ex. Most likely lawsuits will be filed. The ex wife is broke as a joke.. My question is this: Can they come after my husband and I?
Arnold hernandez says
I had a car accident i wasnt insured the other car took a yellow/red light the driver wasnt the owner of the car so i dont know if he was on the persons insurance but i had court through zoom and the judge asked if i wanted to pay the settlement of $100 or take it to trial i chose to pay the settlement but im confused wether their insurance is still to go after me in the future
Maya c says
If I was in a car accident which was my fault cause she had the right away but I was turning , but when I was turning she wasn’t near me so I had time to turn but she seen me turning and proceeded to go and is now suing me and I didn’t have no insurance and the car was in my mothers name what happenes, if I don’t have any money? and who will be getting sued if the car is in my mom name me or her ..
Sherri says
April 2020 My daughter was backing my sons car (uninsured because he got a new one and was selling it) out of her driveway to park on the street. Slightly backed into the neighbors car at the end of the driveway as she was driving down the street. The damage to their car was very minor, dent in bottom of the back door. They called the police. A report was made.
Their insurance company fixed it I believe.
My daughter recieved a letter from an attorney from Progressive for $7,700. My husband has a body shop we even offered to fix it. It was about 1500 worth of damage at MOST.
My daughter is permanently disabled now and only recieves Social Security disability. Her condition isn’t expected to ever improve.
Why would they be trying to get back such a large amount?
Melissa Gold says
Hi, Sherri. I am sorry your daughter is dealing with this. Often, the insurance companies use their own certified body shops or approved estimators to provide damage quotes. If the insurance company is requesting $7,700, they must believe that’s the cost to restore the neighbor’s car to its original condition prior to the crash. It’s possible that there was some damage internally that you weren’t aware of at the time of the accident (perhaps it affected the functioning of the door or something like that). Since the car was uninsured at the time of the accident, the owner (your son) would be responsible for the damages, and could be responsible for penalties related to driving an uninsured vehicle. If you think that the insurance company’s demand is too high, you could consult a lawyer for assistance with negotiations.
David says
I was involved in an accident ( merging lanes and we hit each other my damage was my passenger rear fender his was left front bumper) in California and I had no insurance. We pulled over and waited for police arrive.. While we we waited I got out to make sure he and his passenger were okay. They did not say one word to me nor was any information exchanged. When the highway patrol arrived they escorted us off the freeway.. Made a police report and we were both told we can go ( after receiving my citation for driving without insurance, he was insured ) . 3 months go by and I get a call from the person i was involved in the accident with asking to meet in person so we can settle the damages to his front bumper outside of the insurance. And so I can sign a paper that he will have written for me to agree to. I don’t have $100 to my name . Is it smart to meet up with him in person to settle it outside of court ? What should I do I’m really worried he’s going to want to sue.
Court c. says
I was driving at a normal speed on a busy freeway when all of a sudden the car in front of me came to a complete stop I stopped my vehicle and I’m not exactly sure if I catch the vehicle in front of me first or if the car behind me pushed me into the vehicle in front of me. I told the claim person that I may have had the car in front of me first which was a mistake because I’m not exactly sure if I hit them first or the car behind me pushed me into them. But the car in front of me had scratches and my front and had a little to no damage as well. But my back and is completely smashed and my airbags did not deploy. It was a multi car crash. This is the tricky part is that I have an insurance agent and have emails telling him to make my insurance payment that morning. I have worked with him for 3 to 4 years now and automatically assumed he would use my banking information that I’ve always had. So I thought that my insurance was renewed and paid for. At the time of the accident I went back and checked my emails to see that he wrote back asking me for my payment information which technically means that I did not have a policy number at the time of the accident . I’m waiting to speak with him Monday morning to see if there’s anything that he can do because I have proof and he will be able to attest that I thought and gave the go ahead to purchase my insurance policy that morning. What will happen?
Mosun says
Hello. I was involved in a car accident in July. I was driving an uninsured car. This was my first time. I received a bill from the insurance company of the person I hit of 17,000. What do I do? I am scared
Trina Singh says
So an acquaintance of my husband stole my car a few months back and wrecked it. Didn’t even know he did until we got a call saying it was wrecked. He had been staying a couple months with us because he did6nt have a home. The car was uninsured and the brakes were bad and it had been sitting in our driveway for half a year, we were planning on fixing it and selling it to a friend which is why it was uninsured we had been Driving the new cary husband had just bought. We had told this acquaintance NOT to take the car because the breaks were bad and he didn’t listen. I was at work when I got the call as was my husband. Since he had the keys and the tile was in the car we were told we cannot file the car as stolen although we did file an accident report. But he wrecked into another woman and now I AM BEING SUED for the damages because My name was on the tile, they do not seem to care that I wasn’t the one driving nor did I have any idea the car was taken until it was too late. I do not understand why I m being held responsible for something I didn’t do, they said If I refuse to pay I can go to jail- FOR A CRIME I DIDN’T COMMIT! And my license be suspended! Its 13 grand in damages and we do not have money if we have to pay we won’t be able to provide for our family either! I think the guy who took the car should be the one to pay but apparently I cant do anything because it was MY NAME On the car what can I do?
MoMo S says
I recently got into a car accident that was my fault. I was not insured at the time of the accident. I have a court date in March. Do I need to hire a lawyer? Also I caused damages to the other vehicle. How do I handle paying those damages?
MoMo S says
I recently got into a car accident that was my fault. I was not insured at the time of the accident. I have a court date in March. Do I need to hire a lawyer? Also I caused damages to the other vehicle. How do I handle paying those damages?
Meloney says
If someone’s insurance company sends me bill for $5000.00 for a car accident they say was my fault, police didn’t come to the scene of the accident, the other driver field police report, there insurance decided I’m at fault I didn’t have car insurance — what can happen if I don’t pay the money to the insurance company? Will it disappear somehow or will they be able garnish my wages? I’m in Northglenn, CO.
jamesc89 says
18 year old brother, new driver, made a turn and caused an accident (no drugs, alcohol, no speeding). Just a new driver. No license. Lady wants to sue for 800,000. Is that possible?
Sean says
What happens when your ex-wife gets into an accident with the kids and has a revoked DL and no proof of insurance/no insurance?
Terry b says
I paid my insurance policy one businesss day after it was cancelled on Good Friday. My daughter had an accident after I unknowingly paid the bill on Monday and the insurance company assured me there was no lapse in coverage. However they made one payment for the other victim and then sued me in court saying I knew of accident when I made the payment. On court judge stated I told the truth thst I didn’t know but that the insurance company was not responsible because they would have refused to reinstate the policy if they had known of accident. I had been a client of this insurance company for 30 years. Their comment that there was no lapse in coverage was meaningless.
James Lawhon says
What if you had insurance and are found at fault in the State of Texas and come to find out the insurance company insured my old 2019 F-150. They were supposed to insure my 2021 F-150 10 months prior to the accident. I was paying full coverage insurance on a vehicle I did not own for 10 months prior to my accident. Both parties insured at the same company too. Can I still be sued even though I still had insurance even thought for the wronf truck?
Kat says
I live in MI I have full coverage now but did not have any insurance in September and my son’s girlfriend was driving and was found at fault in small accident and the other driver has filed a claim so I will obviously be responsible for whatever they are suing for correct?
Melissa Gold says
Hi, James. This is hard to answer without some more information. Was the coverage of the old truck instead of the new one simply a paperwork error on the part of the insurance company? If the insurance company somehow didn’t transfer coverage from your old vehicle to the new one after you did whatever you needed to do to make that happen, they should still cover the damages now and should apply the policy retroactively. You can call the insurance company and inquire about why the policy wasn’t transferred to the new vehicle.
Melissa Gold says
Hi, Kat. Usually, the insurance follows the vehicle. If your car was insured at the time of the collision, the damages should be covered regardless of who was driving (provided they were a licensed driver and using the vehicle with your permission). If it was not insured at the time of the crash, then you would be liable for paying for any damages out of pocket (and might have additional penalties or fines for being uninsured).