Head on car crash, no insurance. Wasn’t my fault.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 12, 2014

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Insurance Question from Madison, WI

Asked on 01/12/2014

Head on car crash, no insurance. Wasn’t my fault. Hi, first of all thanks for your time. I live in Wisconsin. I'm 20. I own a 2003 Dodge Neon. Yesterday I got into an accident on the highway because a lady hit the median due to icy roads which forced her car to face the wrong way on the road. Unfortunately I couldn't stop and hit her head on. After the accident I took pictures of my car and a short video. I wasn't feeling hurt at the beginning but now I'm feeling hurt. I have no insurance at all. My car got towed and its totaled by the looks of it. The person who I hit does have insurance..I'm very worried for myself. Please help! thanks!!!

Answer given on January 14, 2014

While you should not be driving without insurance, if the accident was not your fault, then the other driver’s insurance should pay for the repairs to your car, or its actual cash value if it is a total loss, and they should pay for your injuries.Contact the other insurance company and start the claims process. They will investigate the accident and should accept at least partial responsibility for the accident. They may feel that you were partially at fault since the other car was stopped, albeit, facing the wrong direction. If there were witnesses, or a police report was taken, that could support your claim.You could receive a citation for failure to have insurance on your car. However, this was not the cause of the accident, so do not let the other insurance company try to deny responsibility because you had no insurance. If you do not get cooperation from the adjuster, ask to speak to a supervisor to help settle the claim.

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