What to do if I was in a car accident about 1 1/2 years ago but found out that I was not insured at the time?

UPDATED: Jan 27, 2014

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What to do if I was in a car accident about 1 1/2 years ago but found out that I was not insured at the time?

My back tire popped and my car spun hitting one car behind me. There were no injuries. So this whole time I was driving my father’s car I thought I was insured, otherwise I wouldn’t of been driving. He even thought I was covered. I was told that I was covered. Anyway, I paid $5,000 for the lady’s car to get fixed but now they are suing me for $22,000. I make that maybe in 2 years. What can I do now?

Asked on January 27, 2014 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is no insurance and they sue you, are potentially liable for the full amount, IF they prove that you were at fault--that is, that you were driving carelessly or negligently. A person is not liable, or financially responsible, for another's injuries or losses unless they were at fault. If the tire popped without it being any fault of yours (you were driving at a safe speed; reacted appropriately to the tire popping; etc.), you should not be liable; you therefore would seem to be able to defend yourself effectively in court by showing (such as through testimony, accident reports, etc.) that you were not at fault. (The woman be able to sue your father, if the tire popped due to his not changing out an obviously worn or damaged tire; or she may be able to sue the tire manufacturer if the tire was defective; or a tire store/dealership if the person who mounted the tire damaged it in doing so.)

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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