I was in an auto accident and it is believed to be my fault. I am no longer insured. What should I do?

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I was in an auto accident and it is believed to be my fault. I am no longer insured. What should I do?

I was trying to get over into the right lane and I didn’t
see the woman in my blind spot. I turned on my
turning signal and as I was getting over the woman
swerved over and then I swerved to the left and she
got back over and we hit each other. Spinner around
and ended up on the other side of the interstate. I
have never been in an accident before and I am
freaking out at this point. I am willing to make a
payment plan if her and her insurance company are
willing to compromise. I am devasted at this point
and just hope and pray for an easy solution.

Asked on February 25, 2017 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

All you can do, IF she or her insurer sue or at at least makes a claim against you (since if neither seeks compensation from you, you would not have to pay), is--
1) If you felt it was not your fault, you could "fight" the case in court--they'd have to prove it was your fault to recover compensation. But appears to not be the case: you seem to believe you were at fault.
2) You could try to settle with them for some amount and/or payment scheduled you can afford. There is an incentive for them to do this, since it will save them the cost, time, uncertainty (since the outcome is *never* 100% certain) of suing; that may let you negotiate a settlement you can live with. But settling is voluntary for them; they can refuse to settle, so you'd have to make it a decent or reasonable offer that they will voluntarily agree to.


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