What laws did a driver break who claimed he had insurance at an accident but in fact did not?

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What laws did a driver break who claimed he had insurance at an accident but in fact did not?

I was hit by a driver who claimed he had insurance and the police officer pulled everything up in the DMV database which confirmed he had insurance. This morning I get a call from his insurance company telling me his policy expired 20almost 3 weeks ago;  my accident was 2 days ago. Right after my accident, the next business day, he went out and bought a new policy which does not cover my car (of course).  He was at fault and received a citation for the accident. Am I correct in assuming he should be cited for driving without insurance? Also, he verified his policy was correct, so is that a crime as well?

Asked on May 23, 2011 under Accident Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If he lied about insurance, you can certainly inform the police and see if that will get you anywhere and yes, you are now not covered by his insurance. Talk to your insurance company and see if your insurance will cover your accident and then sue him for reimbursement. At the end of the day you need to determine what you wish to seek out of this. Is it retribution for him not having motor vehicle insurance or do you seek monies to cover your injuries and vehicle damage? You need to figure that out because if he claims bankruptcy you will not be able to collect from him directly and will really only have your own insurance company to look to for help. If it is a crime in your state to not have car insurance, you may want to report it anyway.


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