What to do if I was at fault for an acident in an uninsured car?

My boyfriend was driving my car today and got into an accident. My car was totalled. I have no insurance on my car because of a DWAI. I am not concerned about my car getting fixed but am wondering if it is OK to get insurance today and would it be valid to help with the other car if it’s active the same day as the accident?

Asked on May 30, 2012 under Accident Law, Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As the registered owner of the car your boyfriend was driving, and since he was at fault in the accident, you will be liable for the property damage to the other car and the personal injury claims of the occupants.

Since you didn't have auto insurance, it would be too late now to get insurance for this accident.  The insurance company will probably want to take a picture of your car before issuing the policy so that the company isn't stuck with pre-existing damage to your vehicle. 

If the other driver had uninsured motorist coverage, he or she could file a claim through his or her auto insurance company.  That auto insurance company will sue you for the amount it pays on the uninsured motorist claim.  If the other driver/registered owner did not have uninsured motorist coverage, their recourse will be to sue you for their property damage and personal injury claims.  The property damage claim would be for the cost of repairs to their car.  The personal injury claim would include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills, and compensation for wage loss.  If the other driver/registered owner gets a judgment against you which you can't afford to pay, at that time you might want to consider filing bankruptcy.  It would be premature to file bankruptcy until there is a judgment against you.

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