When you have an auto accident and are not covered

by allieb73 » Sun Jan 18, 2009 08:56 pm

If you own a car you need auto insurance. You are required to buy at least the state minimum auto insurance. In a situation when you get involved in an accident and get injured your auto insurance can pay for the treatment. Health treatment costs can be very expensive and if you have to bear them out-of-pocket, it can put you in a difficult situation. Being an un-insured motorist in a situation like this could land you in a lot of trouble.

What protects you when in an accident?

Bodily injury liability insurance would cover for any injury that you cause to the third party. If you have liability insurance, you don’t need to pay out-of-pocket unless your liability is insufficient. This policy will also protect you against a lawsuit if the third party decides to sue you. Bodily injury liability coverage will protect you from expenses that include:
  • Loss of income
  • Medical expenses
  • Medical services
  • Legal expenses
  • Emergency aid
  • Funeral expenses
  • Other expenses (related)
Property Damage Liability covers you when you damage the other party's property and helps pay for:
  • Damage repair or replacement costs for stationary objects
  • Repair or replacement costs for vehicle
  • Damage to the home's structure
Collision Coverage pays for repair works to your car or in case your car needs replacement when you are involved in an accident with other cars or any stationary objects.

Comprehensive coverage pays for losses caused by natural disasters, theft covered under your policy.

Underinsured/Uninsured Motorist Coverage pays for your losses when you get involved with a driver who has little or no insurance on him.

Personal Injury Insurance pays for any injury caused to you as a result of an accident no matter whose fault it might be.

Related readings:

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.

Total Comments: 30

Posted: Mon Jan 19, 2009 12:29 am Post Subject: insurance

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. :wink:

Posted: Mon Jan 19, 2009 02:46 am Post Subject:

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.

Posted: Mon Jan 19, 2009 04:30 am Post Subject:

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?

Posted: Mon Jan 19, 2009 02:19 pm Post Subject:

Since he was driving who is liable? Me or my husband?

Most likely both of you...

What will happen now?

tcope laid this out very well in his post..

Will I get sued?

most likely...

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...

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.. :roll: 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.....

Posted: Mon Jan 19, 2009 04:28 pm Post Subject:

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.

Posted: Mon Jan 19, 2009 04:33 pm Post Subject:

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.

Posted: Tue Jan 20, 2009 11:31 am Post Subject: insurance

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.

Posted: Tue Jan 20, 2009 01:55 pm Post Subject:

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.

Posted: Fri Feb 06, 2009 10:45 am Post Subject:

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

Posted: Fri Feb 06, 2009 10:51 am Post Subject:

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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