What to do if I was in a car accident about 1 1/2 years ago but found out that I was not insured at the time?

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What to do if I was in a car accident about 1 1/2 years ago but found out that I was not insured at the time?

My back tire popped and my car spun hitting one car behind me. There were no injuries. So this whole time I was driving my father’s car I thought I was insured, otherwise I wouldn’t of been driving. He even thought I was covered. I was told that I was covered. Anyway, I paid $5,000 for the lady’s car to get fixed but now they are suing me for $22,000. I make that maybe in 2 years. What can I do now?

Asked on January 27, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is no insurance and they sue you, are potentially liable for the full amount, IF they prove that you were at fault--that is, that you were driving carelessly or negligently. A person is not liable, or financially responsible, for another's injuries or losses unless they were at fault. If the tire popped without it being any fault of yours (you were driving at a safe speed; reacted appropriately to the tire popping; etc.), you should not be liable; you therefore would seem to be able to defend yourself effectively in court by showing (such as through testimony, accident reports, etc.) that you were not at fault. (The woman be able to sue your father, if the tire popped due to his not changing out an obviously worn or damaged tire; or she may be able to sue the tire manufacturer if the tire was defective; or a tire store/dealership if the person who mounted the tire damaged it in doing so.)


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