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 Posted: Sun Jan 18, 2009 8:56 pm Post subject: Car accident - no car insurance |
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| My husband was in a car accident today. He was traveling west bound and had a yellow light. The other car was traveling southbound and struck him on the drivers side door. No one was injured. However both cars were towed. We are both unemployed and our insurance lapsed in October. It is my car but we were both insured on it. Since he was driving who is liable? Me or my husband? What will happen now? Will I get sued? I have to get insurance before I can get my car back from the impound lot. But legally is there anything else that will happen? I have no money and no property to speak of, how is anyone going to be able to collect on me? Can't get blood from a turnip. |
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allieb73
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| Posted: Mon Jan 19, 2009 12:29 am Post subject: insurance |
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OMG!! is your husband OK???? I'm so sorry about the accident. Well.......You said the car is in YOUR name...you mean the Title of the car?..the'Pink Slip'? I KNOW you would get fined for not having insurance, on your vehicle. However.........I'm NOT sure about the other questions you have. 'We' have ALOT of Experts, on this forum, that will be more than happy to help you in the 'right direction.' Just hang in there!! An Expert will along soon, to answer it.  |
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sdchargersfan
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| Posted: Mon Jan 19, 2009 2:46 am Post subject: |
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Depends on the state but your husband would be liable. If you are married then you share assets. In most states you as the owner can be held liable as well.
In most states your drivers license can be suspended for not having insurance. You will need to pay fines before you get get it reinstated. As you mentioned, you may need to show proof of insurance before you can get your car back. Now that you've had an accident and you had a lapse in insurance, your premium will be _much_ higher.
Lastly, the other person or the other carrier can obtain a judgment against you and your husband. In some states they can then garnish any future wages until the debt is paid off. In the least, most states will suspend your husbands license until he can show that he's paid the the other person/other carrier.
If a judgment is obtained, it will also be reported to the credit agencies. Some employers don't hire people with outstanding judgments. You will also pay higher interest on most credit as well.
In the long run... it probably would have been much less expensive to obtain insurance or not drive. |
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tcope
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| Posted: Mon Jan 19, 2009 4:30 am Post subject: |
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OP you seriously is in a very tight situation since you had no insurance at the time of the accident. If you are liable for causing the accident you would be required to pay for the damages caused to the other driver. When what Tcope has mentioned in his post is mostly correct it would also depend upon the state laws, hence please let us know the state you are living in.
Have you been cited by the cop for causing the accident?
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anonymous 12
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| Posted: Mon Jan 19, 2009 2:19 pm Post subject: |
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| Quote: | | Since he was driving who is liable? Me or my husband? |
Most likely both of you... | Quote: | | What will happen now? |
tcope laid this out very well in his post.. most likely... | Quote: | | I have to get insurance before I can get my car back from the impound lot. |
Good luck with that! not only will it cost a fortune, but the tow lot is adding storage fees daily... | Quote: | | But legally is there anything else that will happen? I have no money and no property to speak of, how is anyone going to be able to collect on me? Can't get blood from a turnip. |
You're right no blood from a turnip, and nice to hear that you feel some moral responsibility if not financial for the problems you've caused the other guy..  if an when either of you do get a job, as tcope stated, those wages will likely be garnished for about ever, if a judgement against you is entered...(and i would bet on a judgement being entered..), oh and if you try and buy anything on credit, that too will be a struggle...why not just step up, make an agreement to make payments on the debt and be 'stand up' about your CHOICE to drive uninsured.....
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Lori
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| Posted: Mon Jan 19, 2009 4:28 pm Post subject: |
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You can expect a judgement if you are deemed at fault. It really sounds as if you and your husband are at fault by the story you told. They can and will try to go after you both since he was driving and it was your car in the accident. If you want to have a chance of getting your car back, you better find out what you need to do exactly from the impound lot. The longer it stays the more you will have to pay each day. It is very expensive to keep a vehicle in impound and they charge daily rates and there is nothing you or your husband can do about this. Get insured, and keep insurance or quit driving. The law states you must have insurance and you will find out very quickly what happens when you don't.
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| Posted: Mon Jan 19, 2009 4:33 pm Post subject: |
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| Driving without insurance is a severe penalty and each state seems to be raising the stakes and having less tolerance for uninsured drivers. Nobody plans to have an accident and this is why we get insured, in case we do. Your future paychecks are at stake if you get a judgement against you. This will take forever to pay off and will seem as if you never get ahead financially with this hanging above you and there isn't nothing you can do about it. I hope you plan to get insurance today and keep it for the rest of your life or as long as the law requires it. |
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justong
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| Posted: Tue Jan 20, 2009 11:31 am Post subject: insurance |
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| In the state of PA, you CAN get your DL taken away if you are caught driving without insurance. REALLY 'stiff' fines, etc., in this state. Shouldn't even THINK about moving your car without insurance coverage on it. |
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sdchargersfan
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| Posted: Tue Jan 20, 2009 1:55 pm Post subject: |
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| Laws are so different from state to state. I know PA has some excellent ones in place. when people drive with out insurance they are not only putting themselves at risk but others too. If a person was hurt badly enough and bills were massive where are they getting money if they are not rich...you can not take blood from a turnip is correct but if it were me I would squeeze like heck. |
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fireyone
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| Posted: Fri Feb 06, 2009 10:45 am Post subject: |
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What if you have a car in your name and a family member drives it with out insurance or a drivers license and an accident occurs like a hit skip and a DUI who is at fault I live in Ohio
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tb1313
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| Posted: Fri Feb 06, 2009 10:51 am Post subject: |
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If you have bumped on someone then definitely you are at-fault. Driving under influence has nothing to do with determining the fault. However, the insurance company may cover the damages caused by you to the other party, but quite likely they would drop you after this.
BTW, since the driver has fled from the scene, how does it matter who's at-fault? Has the other guy got the plate number when the driver drove away?
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Carlos P
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| Posted: Fri Feb 06, 2009 11:03 am Post subject: insurance |
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| Quote: | | If you have bumped on someone then definitely you are at-fault. Driving under influence has nothing to do with determining the fault. However, the insurance company may cover the damages caused by you to the other party, but quite likely they would drop you after this |
Ok.......we have ( let's say..) Driver #1 and Driver#2. If Driver #1 hits Drivers#2 (who is driving DUI), wouldn't the 'fault' be on BOTH parties? I mean, Driver#2 was driving impaired. |
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sdchargersfan
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| Posted: Fri Feb 06, 2009 11:22 am Post subject: |
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TB, your posted question is being answered on another thread.
If the other guy did flee there is probaly damage to his vehicle and with the plate number they could more than likely hold him accountable. |
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fireyone
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| Posted: Tue Jul 21, 2009 12:12 am Post subject: |
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daughter was driving my car hit someone from back we have no insurance, driver wants us to pay his deductable nd bumper repairs, will she lose her license and have to pay a fine. no police were called
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cher
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| Posted: Tue Jul 21, 2009 2:24 am Post subject: |
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| I think a few important points to be considered are what sort of insurance policy does the other party carry, how much was the damage to his car and what is his temprament. I person like me, if covered completely, might forego the legal hassles if the damage was limited. But of course the state won't leave you or your husband for bringing the vehicle on road without insurance because that is mandatory. Your future insurance rates are also going to be quite high bcz of this gap and accident and that too without insurance. Your husband's Dl is of course at stake so be ready for some tense period ahead. I hope today you must have realized the importance of insurance. |
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Neetalia
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