If I have the wrong type of insurance on my car nd was in an accident for which I was not at fault, what will happen?

UPDATED: Sep 30, 2022

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If I have the wrong type of insurance on my car nd was in an accident for which I was not at fault, what will happen?

I have comprehensive insurance on my car and didn’t know I was suppose to have commercial insurance on my car. I was in an accident while on the job and the other driver is at fault. What is the likelihood that I have to pay? Also, we both have the same insurance company and I feel as if I’m not being represented properly and the insurance company is looking out for their best interest. I need advice on how to handle them to be fair.

Asked on December 28, 2015 under Accident Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you didn't have the right kind of insurance, if you are are sued and lose, you will have to pay all amounts yourself, out of pocket (and pay your own losses).  However, if the other driver were at fault, he or she should have to pay your losse and would not be able to recover from you--the at-fault driver is the one who pays for an accident. So an issue is what kind of insurance did he or she have: is it applicable? If so, the insurer should be paying you. If the insurance is not applicable, or if the other driver did not have relevant insurance, you could sue the other driver for your damage, losses, injuries, etc. So if you don't receive some reasonable payment from their insurer or other acceptable settlement offer, if you believe the other driver was at fault, then you should retain an attorney to sue--unless the amount of your losses is less than the maximum for your small claims court; if it is, you probably should act as your own attorney ("pro se") to save on legal expenses.

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