What will happen if I got involved in a car accident no insurance?

Since I just got back into the country I didn’t yet have insurance. I rear-ended someone waiting at the red light because I was bitten by some insect, so I lifted my foot off of the break. His car was still drivable while both of my front tires were blown. He got out of the car fine and started calling his friend, however he left the scene in an ambulance. What is my best course of action now?

Asked on July 15, 2015 under Accident Law, Kansas

Answers:

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

Answered 5 years ago | Contributor

Unfortunately, since you didn't have insurance and were at fault in the accident, you are out of luck. You will have to pay for your car repairs.

If the other party had uninsured motorist coverage on his auto insurance policy, he can file an uninsured motorist claim through his company to pay for the property damage (cost of repairs) to his vehicle and can obtain compensation on his personal injury claim also through his uninsured motorist claim with his insurance company.

If he did not have uninsured motorist coverage, he will sue you for negligence for his property damage and personal injury claims.  His personal injury claim will 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 he had uninsured motorist coverage, his insurance company will sue you to recover the amount it expended on the property damage and personal injury claims.

When a court judgment is obtained against you, it would be advisable to file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate this debt.  The residency requirement for eligibility to file bankruptcy varies from state to state. It may be several months or possibly a year or a couple of years before there is a court judgment against you in the case.  By that time, you most likely will have satisfied your state's residency requirement for eligibility to file bankruptcy. 

 


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