If I was at fault for an accident but I didn’t have insurance, what should I do?

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If I was at fault for an accident but I didn’t have insurance, what should I do?

Asked on December 24, 2014 under Accident Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the party who was NOT at fault in the accident had uninsured motorist coverage, he/she will file claims for property damage and personal injury through their insurance company.  Their insurance carrier will sue you to recover the amount it pays on the claim(s).

If the party who was not at fault, did not have uninsured motorist coverage, that party will sue you for negligence for their property damage (cost of repairs to the car) and their personal injury claim.

On the personal injury claim, you will be liable for the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.

If the opposing party or the insurance carrier (on an uninsured motorist claim) obtains a  court judgment against you which you are unable to pay, at that time you might want to consider filing bankruptcy.

If you are eligible to file Chapter 7 bankruptcy, which is straight liquidation, the debt can be eliminated.

If you are ineligible to file Chapter 7 and file Chapter 13 bankruptcy, you will need a plan (budget) for repayment of creditors.

You don't need to do anything until you hear from the other party or his/her insurance  carrier.  Until there is a court judgment against you, it would be premature to file bankruptcy.

Don't worry about it because it might be a year or two before there is a court judgment against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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