What can I do if I had an accident without insurance?

My insurance went into lapse due to broker miscommunication. I got in a car

accident. No one was injured but my car is pretty much totaled and the other driver’s car has minor damage. I didn’t brake fast enough and rear-ended the car.

Asked on March 10, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The driver who rear ends the other driver is generally considered to be at fault. (He is considered to have negligent, by not maintaining a safe following distance or not paying enough attention.) That means that you would have to pay for his damage--out of pocket, if you don't have insurance--and he would not have to pay for your damage (only persons who are at fault have to pay in car accident cases).


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