I was in an accident and I didn’t have insurance but the driver did…what do I do?

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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: Oct 25, 2011

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Insurance Question from Costa Mesa, CA

Asked on 10/25/2011

I was in an accident and I didn’t have insurance but the driver did…what do I do? First of all, I live in California if that helps. I just was leaving work, backing out of a parking spot, I looked back over both sides and started to slowly back out and when I looked back over to my right, a car rear ended me from the left. She took off my whole read bumper and damaged the side of her car. She was on the wrong side of the lane, especially since I was only backed out a foot or two at the most. I called my insurance company to file the claim and they said my policy had been cancelled for non-payment a month ago which I was unaware of. The girl who hit me was insured.

Answer given on October 27, 2011

Insurance is required in all states if you own and drive a car. You are in violation of the law by driving without insurance. The accident you were involved with is likely going to be considered your fault since you were backing out. The other driver has the right of way if they are driving down a lane and you back out.The other party is going to have to file a claim with her insurance company. The company will pay her repairs, if she has the appropriate insurance, and they will most likely turn to you for reimbursement.It is unfortunate your insurance lapsed for nonpayment, but the insurance company is required to send a written notice to you that the policy is about to cancel. The agent should also contact you, but they are not required to do so.Because of the accident, and your lack of insurance, your license could be suspended and you would be required to file proof of insurance for at least three years to get your license reinstated. You should try to get your insurance reinstated or replaced as soon as possible.

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