What can I do if I was in a accident 8 months ago but and my insurace was not active at the time?

I was ticketed for no insurance and for being at-fault. The other driver’s insunrace company is trying to collect $18,000 from me and is also trying to suspend my driver’s license.

Asked on July 10, 2014 under Accident Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you did not have insurance which was in force at the time of the accident, while you can certainly try to defend yourself if they sue you (you do not have to pay unless/until they sue you and win), be aware that if the do sue you and get a judgment against you, you would have to pay the full amount yourself. (Insurance only helps you if it was in effect or active when you had the accident.) That being the case, if you feel that they have a good case, you may wish to try to settle the case--see if they will accept payment over time and/or partial payment as satisfaction of the case. (If you can settle it, make sure to put the settlement agreement in writing.)

There is a very good chance that you license will be suspended for driving without a license. To maximize your chance of avoiding that outcome, you should hire an attorney, one with traffic infraction experience, to represent you; the lawyer can also help you negotiate with the insurance company.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.