If my husband had a car accident and was uninsured at the time, do I respond to a letter from the other parties insurer to let them know about this?

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If my husband had a car accident and was uninsured at the time, do I respond to a letter from the other parties insurer to let them know about this?

My husband and I were in an accident and the State Trooper ruled it an accident but there was a fatality. My husband had just dropped his insurance for me to add it to my insurance and during the week he was not insured he was driving and this horrible accident happened. We received a letter from the attorneys representing the other family letting us know they have representation and also a letter from their insurance requesting my husband’s insurance information. Do I call them to tell them or wait on the attorneys to do what they do? We have nothing for them to take.

Asked on August 10, 2011 Florida

Answers:

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

Answered 10 years ago | Contributor

You can respond to the letter from the insurance company and inform the insurance company that your husband was uninsured. 

You should obtain the police report of the accident.  It will state whether your husband or the other party was at fault. 

If your husband was at fault in the accident and the other party has uninsured motorist coverage, they could file a claim through their insurance company.  Most likely, their uninsured motorist coverage will be inadequate to compensate them since there was a fatality.  Your husband will be sued for wrongful death (negligence resulting in a death).  If the lawsuit results in a judgment against your husband, you and your husband should consider filing bankruptcy.  It would be premature to file bankruptcy until there is a judgment against your husband.

If your husband was NOT at fault in the accident, then the fact that he was uninsured is irrelevant because he is not liable. 

 


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