What to do if my husband was involved in an auto accident while we were uninsured?

UPDATED: Oct 11, 2014

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What to do if my husband was involved in an auto accident while we were uninsured?

The guy he hit said he had insurance but did not have proof at the scene. He is refusing to show us proof that he has it. He also says he will not claim the accident on his insurance (it would be much easier for us to pay the deductible than what he wants), We have tried working something out with him but he refuses to negotiate. He said he wants $2800 for repairs but we cannot afford that all at once. He will not meet with us to talk things over. Our court date is in 5 days. What can we do? Is there a way to find out if he’s got insurance, or make him claim it? What are our options? We want to work something out but we are a one income family and are barely making enough.

Asked on October 11, 2014 under Accident Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, even if he has insurance, he is not legally  required to make a claim against it: if someone is hit by any at-fault (i.e. careless or negligent) driver, then he has the right to sue that driver for the whole amount of damages (he is also not obligated to work matters out or enter into a deal or payment plan). Your option at this point is defend yourself in court, such as by showing that your husband was not at fault, and/or that the other driver was at fault (even if your husband was at fault, if the other driver was at fault, too, his fault will proportionately reduce what he can recover from you), and/or that his actual losses or damages are less than he claims.

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