Car Accident with no insurance-at fault

UPDATED: Oct 1, 2022

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Car Accident with no insurance-at fault

I had a car accident where I hit the other driver; I had no insurance at the time. There was no officer at the scene, and the other driver just called the police and gave vehicle information and description of me. I gave other person my id info and he quickly made a police report the next morning. Now I have to pay out of pocket right or should I hire an attorney and fight this? I have not made a dmv report

and I don’t think my insurance will cover it because car wasn’t under policy at the time. Also, I now have insurance.

Asked on January 9, 2018 under Accident Law, California


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

Answered 4 years ago | Contributor

If the other driver had uninsured motorist coverage, he can file an uninsured motorist claim with his insurance carrier to pay for the property damage (cost of repairs) to his car.  If he was injured in the accident, his uninsured motorist claim will include compensation for the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
You will be sued for negligence by his insurance company for the amount his insurance company expends on the claim.
If he did not have uninsured motorist coverage, he will sue you for negligence and you will be liable for the above items (property damage and his separate personal injury claim).
If you can't afford the amount of the court judgment that the other party or his insurance company eventually obtains against you, at that time you may want to consider filing bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.
Although you may want to retain an attorney, it is probably not worth the cost because in the end, you will be held liable.

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 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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