I was in a car accident that is not my fault and I do not hve insurance, what do I do?
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I was in a car accident that is not my fault and I do not hve insurance, what do I do?
We live in Georgia, the other driver hit us and may have totaled my car, it was definately her fault, she lost control of her van on the road perpendicular to me and hit the driver’s side of our van, I was stopped at a stop sign. I have an injured/separated shoulder, and will have to return to the doctor for the second time since I visited the ER a week ago today. What can I expect–b/c of my lack of insurance?
Asked on April 28, 2009 under Accident Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm not sure what you mean when when you say "my lack of insurance". Do you mean that you have no car insurance, or no health insurance, or no insurance at all? Anyway I'll try to answer as best as I can.
If she was at fault than she is liable for all bills (medical and car replacement), plus any pain and suffering incurred by you. Her insurance company will pay out on the claim up to her policy limits. She will be responsible for any deductible plus any costs over her policy coverage. Of course this assumes that she has insurance coverage herself. If not, you would have to sue her directly and hope she has the financial means to pay.
If you were at fault or partially so (which does not seem the case based on the facts that you presented) then your auto insurance company would proportinately pay off the same as hers. But if you don't have this insurance then you would be personally liable for your share of her expenses - car repair/replacement, plus medical bills, and any pain and suffering award she may be entitled to. You would also have to bear the cost of replacing your own car. Additionally, you would be on the hook for your own medical expenses if you have no health coverage.
Aslo, when you say that you have no
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