What can I do if I was involved in a car accident with no insurance?

Question

On Dec. 17th, I broke my pelvis when a car hit my car head-on. I was turning left at a green light, as though it were a green arrow in a moment of mental lapse. The truck was full speed as the light changed, as he was anticipating it as he approached. I have no insurance, and my plates were expired since I am unemployed, a single mom, and was waiting until after Xmas to take care of these expenses. I was dumb, I know, but what happens now? Am I going to be sued? How is fault determined in this case? Note: his 2003 Ford was also totaled by insurance, but he was uninjured.

Jeffrey Wittenbrink · Answer

Unfortunately you have very little protection in the law, but the fact that you cannot afford insurance helps you in one way-very few people will attempt to collect from a person that has no insurance, unless they are visibly wealthy.  If the person driving the truck files a complaint with the DMV, they may hold your license unless you agree to pay compensation to the other party in the accident.  Because you were a left turning vehicle, you are presumed at fault.  One detail in your narrative indicates some liability, comparatively speaking, on the other party-the law requires one to slow down when approaching an intersection.  The fact that the truck did not slow as he entered would give him some percentage of fault, even though the left turning vehicle is always supposed to yield.  Because the truck owner was uninjured, he may also be less willing to try to collect from you, especially in your circumstances.  Some hungry attorney may also try to sue on your behalf against the truck owner because of the magnitude of your damages.  With all of your injuries, even a small percentage of fault on the other driver may yield some compensation.   The first ten thousand of any claim you may have will be forfeited by you because of not having insurance and Louisiana's "no pay, no play" statute.

Michael Mckell · Answer

As far as determining liability, the insurance company will typically do all it can to determine liability belongs to someone other than their own insured.  Find a local attorney and take him/her the police report and try to locate good credible witnesses to prove your case.  If you can prove you were not responsible for the accident, the other driver will likely have insurance to cover your property damage and bodily injury.

Paul Whitfield · Answer

You indicate you turned left in the face on oncoming traffic. In due course the carrier of the other driver is likely to look to you to pay for the property damage. If you don't cooperate in the long run DMV may take your license. See a lawyer if you get mail from the carrier or DMV.

Andrew Velonis · Answer

You were the one to turn left in front of an oncoming vehicle, so you are at fault.  With no insurance, you are stuck with all of your medical bills.  The other driver apparantly does have coverage for his property damage so he will collect on that.  If he wasn't injured, there is nothing to sue you for.  Since you are unemployed, you will probably end up in bankruptcy for the medical bills.

Jon F. Schmoll · Answer

Whether you have insurance on your car or  have it plated has nothing to do with fault  for the collision and will not prevent you from making a valid claim against the other driver.

Eric Chandler · Answer

It really depends.  Hopefully the person you were in the accident with has insurance on his end that can cover any damages he sustained.  As far as your injuries, there is not really anything you can do.  If you also are not covered by health insurance, you will need to try to negotiate your medical bills with all of your treatment providers.  At least know one was permanently injured or killed - otherwise this lesson would be much more costly.  Good luck with your recovery.

David Stoddard · Answer

His insurance will probably pay his damages.  However, his insurance company will have a right to sue you for the damages.  If you do not own a house, you are what we call "judgment proof". That is because the court can sell you assets to pay a judgment, but most personal property is exempt from this.  The insurance company may not sue you because it would be a waste of time.  If they do, you cannot be put in jail or punishe for not paying the judgment.  Unfortunately, the highway department can suspend your license if you cause property damage and do not pay for it.   My advice is to not worry about it too much.  If you license is suspended, you will get a notice in the mail.. If you get sued, you will have a judgment against you.  It will be good for 10 years, but if you do not acquire more than 50,000.00 in house during that time, the cannot force you to pay it.  You will get through this.

David Craig · Answer

It sounds like you are lucky that the other person wasn't injured.  A couple of things will happen.  First of all you will lose your driver's license since it is illegal to drive a vehicle without insurance.  Next you will be responsible for the damages incurred by the other driver. Indiana is a comparative fault state.  What this means is that a determination would have to be made as to what percentage of fault that you were and what percentage of fault, if any , the other driver was. Those two percentages together would need to add up to 100%.  You would be responsible for your percentage of fault.  It certainly sounds like you are primarily at fault.  The other driver will likely turn his claim into his insurance company so he can be paid under his uninsured motorist coverage.  Then his insurance company will come after you to be reimbursed for whatever they pay.

David Rechtman · Answer

You may be sued, but you can always file Chapter 7 bankruptcy to wipe out a judgment. Since you were turning left, it appears you had the duty to yield the right of way to oncoming traffic.

James Kelaher · Answer

His insurance company will probably subrogated the claim they paid against you, which since you are without insurance will probably end up with them getting a judgment against you. When they contact you, don't put your head in the sand and hope they go away (they won't) because once they sue you, they can add court costs to the final judgment, which will probably be an additional $500. Further, you can always argue to them that their insured was speeding and you didn't realize how fast he was going, so you don't believe you are responsible for all of it. You can also argue that you have a claim against them for the hip injury, and you might be able to talk them into going away......but only if you promptly respond to the first letter you get from them.

Bernard Huff · Answer

You should at least consult with a plaintiff's personal injury attorney to see if the other driver was negligent in causing the accident even though you didn't have insurance. If so, you still may be able to recover damages for your injuries and related expenses.

Mark Leonardo · Answer

Luckily the other driver was not hurt.  His insurance will cover his own truck presumably from uninsured motorist coverage.  The insurance company will likely come after you for reimbursement for what is known as subrogation.  They know that people in your position have no money, but they will pressure you to pay or make a payment plan.  You may want to hire an attorney to help negotiate for you as they are better equipped to say the right things to keep the overall amount as low as possible.  You can discharge the entire debt if you file for bankruptcy.  You may have other issues with DMV for driving without insurance and expired tags.  Hopefully you have health insurance for your own injuries.

Stephen Lombardi · Answer

I would not be so quick to give up liability. You should see a   lawyer and not speak to anyone until you have a lawyer; the lawyer may be able   to do something for you in obtaining a recovery. Insurance and plates have   nothing to do with who is at fault; more than one party can be at fault in  an  accident. You may get sued, but realistically you can't get something  from  nothing; so if you're broke there is little for the other side to gain  in suing  you.

Steven A. Schwartz · Answer

You could be sued if you are considered responsible for the accident. You should hope that the other driver has collision insurance on his own vehicle.  If he does, he most likely would go through his own company to get his car repaired.  If you have no assets, I would doubt you would be sued personally.

Michael Heilmann · Answer

You will be sued to get the damage to his car compensated. If you do not pay the judgment, your driver's license will be suspended in MI. It is a crime to drive a car without insurance in MI.

Jared Altman · Answer

If you turned into the path of an oncoming vehicle that had a green light then you are at fault. But, in light of the severity of you injury, this is something I would be interested in speaking with you about. As for no insurance, that is a criminal offense. As for damage the oncoming truck, you can be sued and if you lose a judgment can be entered against you.

Timothy Klisz · Answer

You will likely get ticketed with a misdemeanor and get sued for all damaged paid out by the other drivers insurance, regardless of injuries. You might need an attorney to defend your interests if you have any assets to protect.

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