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Subject:
Car Accident with no Insurance.
Category: Miscellaneous Asked by: lonestardoa-ga List Price: $75.00 |
Posted:
02 Mar 2006 18:37 PST
Expires: 01 Apr 2006 18:37 PST Question ID: 703071 |
I got in a wreck today. I was rear ended by a F-350 and pushed into the back of a Jeep Cherokee. I live in California and I have no insurance. The accident was not my fault and there are witnesses that can testify it. I was wondering what is going to happen? Will my car be covered by someone else's insurance or am I going to have to pay everything out of pocket? The cops were involved but I wasnt processed or anything. I told them I didnt have insurance and nothing happend. I have a Texas Drivers license. Am I liable to lose my drivers license? Noone was hurt in anyway. My car was the only one not able to drive away on its own power. |
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Subject:
Re: Car Accident with no Insurance.
Answered By: hagan-ga on 07 Mar 2006 06:24 PST |
Hello, Lonestardoa. I'm sorry for your troubles, and I'm afraid I have some bad news for you. But I also have a little bit of good news. First, though, I have to tell you -- you must file an SR-1 form with the DMV RIGHT AWAY. California Vehicle Code Section 16000 requires EVERYONE involved in an accident with more than $750 of damage to file a report. You must file a report whether or not you were at fault. You can read Section 16000 here: http://caselaw.lp.findlaw.com/cacodes/veh/16000-16005.html A .pdf file of the form is here: http://www.dmv.ca.gov/forms/sr/sr1.pdf It must be filed WITHIN TEN DAYS of the accident. One of the things the form asks is whether you had insurance. When the DMV receives the form indicating that you did not, they will automatically suspend your driving privileges for a year. Vehicle Code Section 16070: http://caselaw.lp.findlaw.com/cacodes/veh/16070-16078.html HOWEVER. None of that has ANYTHING to do with who has to pay for the damage. The responsible party (in this instance, the person who rear-ended you) should be liable for the damage to your vehicle. You should contact that person's insurance company with an estimate for the damage to your car, AND an estimate for a rental car for you for the time it will take to fix your car. If your car is totaled, you will need to obtain the "Blue book" value. The insurance company will probably refuse to pay the full amount at first. That's what insurance companies do. They are in business to collect premiums and make money, not to pay claims. You will probably have to negotiate with the insurance company to get the full amount. You may have to take the driver who hit you to court in order to force his insurer to pay. The small claims limit in California is $5000. http://caselaw.lp.findlaw.com/cacodes/ccp/116.210-116.270.html If your damages are less than that, I would strongly recommend going to small claims court if the insurer won't pay. It's MUCH MUCH MUCH faster and cheaper and easier than the next step up, which is filing a "limited civil case" in Superior Court. Even if your damages are $6000, it might be worth giving up the extra thousand in order to have the case heard quickly. Depending on the county where you live, it may take anywhere from one to three years to have a case heard in Superior Court. Small claims cases are usually heard within a few months. I hope this information has been helpful. If there's anything further you need, or if anything requires clarification, please hit the "request clarification" button before you rate the answer. I'll be notified of the request and I'll provide whatever I can. |
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Subject:
Re: Car Accident with no Insurance.
From: research_help-ga on 03 Mar 2006 06:13 PST |
This is why you buy insurance - to protect you financially in case of accident. If you choose not to buy insurance, then you are taking the risk. In many situations, the car in back is responsible for damages. So, you may be liable for damages to the car that you rear ended even though it was indirectly caused by the person who rear ended you. It is so frustrating for law abiding citizens who pay a lot for car insurance to have to listen to people who don't get insurance and then are concerned about finances when they are in an accident. |
Subject:
Re: Car Accident with no Insurance.
From: jack_of_few_trades-ga on 03 Mar 2006 06:35 PST |
Not having insurance to cover your own car (Comprehensive and Collision) is perfectly ok in certain circumstances. I don't have either of these because I feel that they cost more than they are worth to me and if I did wreck my car I could buy another without financial difficulties. The insurance that very few people should drive without is liability insurance, this covers bodily harm that your wreck causes other people. In your specific case, you should not be responsible for any damages (personal or property) because the wreck was not your fault. The police and/or ultimately a court might have to officially decide that, but from your brief description it was clearly the other drivers fault. This means that the other driver is responsible (either through his insurance or out of his own pocket) for all damages to your car. If you had an insurance company, you could report your damages to them and they would very likely handle the situation for you. But since you're uninsured, you will have to actively pursue the money you are owed. You should contact the other driver's insurance company (if you got his insurance information like you're supposed to at the scene of the wreck) and ask them how to procede. If you didn't get his insurance info, then you should contact the police department involved and ask them how to procede. Best of luck in getting all the money you are owed for damages. |
Subject:
Re: Car Accident with no Insurance.
From: edejl-ga on 04 Mar 2006 07:14 PST |
Having 3rd Party insurance and not comprehensive is fine, but not having any is ridiculous and irresponsible and, in England at least, is illegal. Not to mention that 10% of the price of everyone else's insurance is needed to cover people without insurance but what happens if there is an accident and someone is paralysed etc. They will get no compensation or help with medical costs from your insurers (as you don't have any). I assume no insurance is also illegal in America; this is why they make laws. |
Subject:
Re: Car Accident with no Insurance.
From: roxrox-ga on 04 Mar 2006 13:15 PST |
Why are you so irresponsible as to drive without insurance? Liability insurance does not cost that much. I can't msuter any sympathy for you, and I do hope you are fined for failing to have liability insurance. |
Subject:
Re: Car Accident with no Insurance.
From: joe916-ga on 04 Mar 2006 14:40 PST |
I think that if a burglar can sue a homeowner for a dog bite anything can happen. Talk to a lawyer. Get insurance. They were probably covered for uninsured motorist. I would think that the carrier of the one who rearended you would pay, but you don't have a carrier to make that happen. Too bad. |
Subject:
Re: Car Accident with no Insurance.
From: bigsedge-ga on 17 Mar 2006 06:15 PST |
In the UK the car behind you would pay for your damage as he was at fault for causing the rear end damage. However you are at fault for hitting the car in front because you did not leave enough space between you and the car in front. You would be looking at a $250 fine and points on your licence. |
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