Car Accident with no insurance-at fault

I had a car accident where I hit the other driver; I had no insurance at the time. There was no officer at the scene, and the other driver just called the police and gave vehicle information and description of me. I gave other person my id info and he quickly made a police report the next morning. Now I have to pay out of pocket right or should I hire an attorney and fight this? I have not made a dmv report

and I don’t think my insurance will cover it because car wasn’t under policy at the time. Also, I now have insurance.

Asked on January 9, 2018 under Accident Law, California

Answers:

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

Answered 3 years ago | Contributor

If the other driver had uninsured motorist coverage, he can file an uninsured motorist claim with his insurance carrier to pay for the property damage (cost of repairs) to his car.  If he was injured in the accident, his uninsured motorist claim will include compensation for the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
You will be sued for negligence by his insurance company for the amount his insurance company expends on the claim.
If he did not have uninsured motorist coverage, he will sue you for negligence and you will be liable for the above items (property damage and his separate personal injury claim).
If you can't afford the amount of the court judgment that the other party or his insurance company eventually obtains against you, at that time you may want to consider filing bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.
Although you may want to retain an attorney, it is probably not worth the cost because in the end, you will be held liable.


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