What will happen to me ifI let my auto insurance lapse and then had a car accident?

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What will happen to me ifI let my auto insurance lapse and then had a car accident?

My vehicle hit another vehicle from behind as he stopped short. I was straight forward with the police officer and told him I had let my insurance lapse a few months back. He gave me a ticket and a court date to appear in court. I want to know what’s going to happen? Is my license going to get suspended? Can I just get insurance and pay for it now?

Asked on August 15, 2011 Rhode Island

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Okay so you are aware then that Rhode Island requires that all driver’s carry private auto insurance on their vehicles. This is a recent change enacted at the beginning of 2009. Prior to 2009, Rhode Island drivers were allowed to self-insure through cash or bonds. The minimum requirements for car insurance for all registered vehicles are $25,000 bodily injury per person, $50,000 bodily injury per accident, $25,000 property damage, $25,000 underinsured driver’s insurance and $50,000 uninsured driver’s insurance.  And it is my understanding that they can cancel your license for your failure to have insurance and that when you try and get it reinstated you will be required to file an S22 - proof of insurance form - in order to do so.  Getting insurance now will not help you with this accident.  You are going to be fined by the court for the lack of insurance and any VTL violations that may apply.  You need to seek legal help asap on the matter.  If you are sued you are on your own.  Good luck. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The penalties vary from state to state for driving without insurance.  You can get insurance now, but it won't change the fact that you drove without insurance.

Aside from the penalties for driving without insurance, you can be sued by the other driver whose car you rearended.  You will be liable for the property damage (cost of repairs) to that vehicle.  If the other driver or passengers were injured in the accident, you will also be liable for their personal injury claim(s).  Their personal injury claim(s) would include medical bills, pain and suffering, and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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