I was in a car accident in my boyfriends car. No insurance. I was at fault. What is going to happen?

I was in an accident in my boyfriends car and found out his insurance had lapsed 14 days prior to the wreck. I was ticketed but feel it was not my fault. The woman has now retained an attorney. Where do myself and my boyfriend legally stand?

Asked on June 15, 2009 under Accident Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are several issues at play here.  First, with respect to fault, were you ticketed because you for failure to have insurance, or did the police officer issue you a traffic citation for causing the accident.  If the officer determined that you caused the accident, that will help the plaintiff (i.e. the woman) to establish that you were, in fact at fault.  Second, with respect to insurance, if you did not have a valid insurance policy it is possible that you may be personally liable for the woman's damages if she can, in fact, establish that you were at fault.  What this means, in practical terms, is that your assets (i.e. property, home, bank accounts, etc.) would potentially be subject to any settlement/judgment.  On the other hand, if you have little or no assets, this means that it would be unlikely, even if successful, for the plaintiff (and therefore the plaintiff's attorney) to actually recover any damages.  Finally, did you sustain any injuries in the accident?  If so, and you can establish that the other party was at fault, you may be able to recover damages from her.  Nevertheless, if the woman has been able to retain an attorney it suggest that there many be some indication of fault and recoverable damages -- otherwise the attorney might not be inclined to take the case.  Therefore, in the interest of protecting your interests with respect to this matter I suggest that you consult with and/or retain an attorney at your earliest convenience.


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