Car accident when insurance had lapsed?
I was in a car accident where I rear ended the other car. Because of a mix up with my insurance co around where I was living, my insurance had very unfortunately lapsed so I have no cover. The driver of the other car was a college student and she is now trying to claim over $18,000 in damages for her car, minor injuries and various college expenses.
I know very little about legal issues but a friend has advised me that as I rear ended her, I’m going to be 100% at fault and as I wasn’t insured he says that unless I can find a way to pay this, I should be prepared to be sued for the full amount. Is he correct?
- KerriLv 53 weeks agoFavourite answer
The party at-fault is determined in court, by either a judge or a jury. The insurance companies, law enforcement, witnesses, can have their say but only a judge or jury makes the final decision. If there are no other facts to share, only that you hit another vehicle from behind, you will be the at-fault party. That means you are responsible for the damages. What the damages actually are is also subject to litigation. You don't need to go thru the process of being sued, you can accept the responsibility and pay for the damages without going to court.
- STEVEN FLv 73 weeks ago
Clarification: Some answers state that if you don't have insurance, you are liable.
Actually, you are liable, PERIOD. If you have insurance, they cover YOUR liability.
As Bruce stated, it is unlikely any of the 'various college experiences' can be recovered in a lawsuit.
- Donnie DoomLv 53 weeks ago
Start withdrawing money from your bank account and looking for a cash job, then contemn the court and don't pay. If you handle this the legal way she'll be able to claim all kinds of fake injuries and make you pay hundreds of thousands over the course of the next few decades, all because of a scratched fender. You should take this as a positive. The system was designed to make slaves. The fact that you are learning this lesson and leaving the system behind at such a young age is going to pay dividends for you.
- SCATTY cLv 63 weeks ago
If you don't have insurance to cover the costs, then you are personally liable.
All insurance lapses... Nothing unfortunate about it. You just didn't bother to renew it, and you are paying the price now.... literally!
Your friend is right, as you went in the back of the other car, you are 100% at fault. You will have to cover the costs incurred to repair or replace the car, as well as any medical bills. However, I am not sure what 'college expenses' she thinks you are liable for, and you would be advised to dispute that at least.
But, yes, if you don't pay up, you will be sued for the money.
But I suggest you don't just take her word for the cost of repairs. You need to get professional advice. Perhaps find a lawyer that does a free 30 minute consultation and take it from there.
Another thing to now bear in mind, is that you were driving without insurance. Now where I come from that is illegal. You get fined and points on your licence!
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- BruceLv 73 weeks ago
You can expect to be held accountable for actual damages. It is unlikely she will bet "various college expenses".
- SlickterpLv 73 weeks ago
You are at fault. He is correct, you will be sued for the full amount.
- 3 weeks ago
You can absolutely be sued for the full amount if you did not have insurance and your friend is right, generally a rear end is the following car's fault unless the leading car did something crazy stupid. However she has to first go to court to collect and is only entitled to what she would reasonably have got from your insurance.
Firstly, if the repair cost is more than the value of her car (look it up) she will only get the value of the car, nothing more.
Secondly you have the right to get one or more estimates from a garage of your choice.
Thirdly 'minor injuries and various college expenses' sound like horse manure.
You may be able to settle for a much smaller number. But if you do not dispute her numbers, you will get hit with the entire figure which will destroy your credit for years.
My suggestion is that you come up with some kind of reasonable figure based on the cost of the car repair and offer her this in full and final settlement. She is going to be very foolish if she does not take what an insurance company would give her.
- frombrumLv 73 weeks ago
you have no insurance
declare yourself bankrupt
- 3 weeks ago
- Fred GLv 43 weeks ago
Cars & Transportation