What happens if I got into a car accident today and the police said that it was other driver’s fault and she would pay for any damage but I’m uninsured?
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What happens if I got into a car accident today and the police said that it was other driver’s fault and she would pay for any damage but I’m uninsured?
Since I don’t have car insurance, how will this work?
Asked on June 3, 2015 under Accident Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Since you were NOT at fault in the accident, the fact that you were uninsured is irrelevant except that you might be cited for driving without insurance. You file your claim for property damage (cost of repairs) to your car with the at-fault party's insurance company.
If you were injured in the accident, your personal injury claim is separate from your property damage claim. Inform the at-fault party's insurance company in writng that you will be filing a personal injury claim. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim should include these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with the at-fault party's insurance company, NO lawsuit is filed.
If you are dissatisified with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party. If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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