What will happen if I was involved in an accident but didn’t have insurance at the time?
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What will happen if I was involved in an accident but didn’t have insurance at the time?
The accident report did not claim fault of accident on either party. I have paid all fines for not having insurance and now currently have insurance. They other party is trying to sue me though. Will they win? What will happen?
Asked on December 9, 2014 under Accident Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The other side will win if they can prove in court by a "preponderance of the evidence" (i.e. that it is more likely than not) that you were at fault, based on whatever testimony and evidence they have (and you can, of course, put forward your own testimony and evidence to counter their case). If they win, they will get a judgment against you--a court determination that you must pay a certain amount of money. Without insurance, you'd have to pay it out of your own pocket. If you don't pay, the other side can try to use some collections tools or techniques on you, such as garnishing your wages, putting a lien on real property, levying on (taking money out of) a bank account of yours, or executing on (having a constable or sheriff seize and sell) personal property, like a car.
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