What to do if I was recently in a car accident for which I was at fault and found out that I don’t have insurance?

UPDATED: Jan 9, 2013

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What to do if I was recently in a car accident for which I was at fault and found out that I don’t have insurance?

It has been canceled.

Asked on January 9, 2013 under Accident Law, Texas


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

Answered 10 years ago | Contributor

If the other driver, who was not at fault in the accident, has uninsured motorist coverage, that driver will file an uninsured motorist claim with his/her insurance company.  That claim would include property damage and if injured, a separate claim for personal injury.  If that case is settled with the insurance company, that insurance company will then sue you for the amount it paid on the claim.

If the other driver does not have uninsured motorist coverage, the other driver will sue you for negligence and will seek compensation for property damage (cost of repairs to his/her car) and compensation for personal injury.  Compensation for personal injury will include the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.

If the other driver or the insurance company obtains a judgment against you in an amount you can't afford to pay, they can enforce the judgment by a wage garnishment or a lien on your property.

If you can't afford to pay the judgment, it would be advisable to file bankruptcy at that time.  Depending on your income and other factors, you may be eligible to file Chapter 7 bankruptcy, which is straight liquidation that eliminates certain types of debts.  If you are not eligible to file Chapter 7, you will need to file Chapter 13.  Chapter 13 requires a plan (budget) for payment of creditors.

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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