I bought a new car and got in an accident without insurance, but car has not been financed yet.

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I bought a new car and got in an accident without insurance, but car has not been financed yet.

I bought a car from a dealership and it was it was turned down by the finance company so technically its still the dealer’s car.  So I’m just curious as to whose responsibility it is to cover the accident because my insurance lapsed?

Asked on June 6, 2009 under Accident Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well well well this is why we don't drive off without a loan in place and insurance in place.  If this was a car loan, whose contract also included a contingency (you bring the car back if no financing), then possibly it is covered the insurance policy of the dealership. 

What you need to do is the following:

1. File a consumer complaint with the State of California Dept of Financial Institutions (if your dealership is a retail seller regulated by them) -- this is your administrative agency route; and/or

2. Call an accident attorney and get a consultation.  Try www.attorneypages.com and then check his or her record at www.calbar.ca.gov under attorney search.


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