What to do if I was uninsured and involved in an automobile accident around 3 months ago with 2 vehicles that both had insurance?

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What to do if I was uninsured and involved in an automobile accident around 3 months ago with 2 vehicles that both had insurance?

I have been found at fault by both of the insured’s insurance companies and they are now billing me for the damages. One insurance company hired a collection company, and one wants to make payment arrangements. Where should I go from here? The car is under my father’s name but I was the person driving it.

Asked on March 20, 2013 under Accident Law, California

Answers:

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

Answered 8 years ago | Contributor

Your father is liable for the accident because he was the registered owner of the vehicle you were driving.  If your father had auto insurance, you should refer the matter to his auto insurance company which will handle the case.

If your father did not have auto insurance, he and you will be named as defendants in a lawsuit for negligence filed by the auto insurance companies of the two drivers who were not at fault in the accident.  Depending on the amount of the judgment, your father might want to consider filing bankruptcy.  It would be premature to file bankruptcy until there is a court judgment against your father which he is unable to pay.

If your father had auto insurance, his insurance company will handle the matter.  If the case is settled with his insurance company with both of the parties who were not at fault in the accident, NO lawsuit is filed.  If the case is NOT settled with his insurance company and the parties who were not at fault in the accident file a lawsuit for negligence, your father's insurance company will handle the matter and will provide an attorney at no cost to him.

If your father did not have insurance and you are at least 18, you might want to consider filing bankruptcy if there is a court judgment against you which you are unable to pay.  Until there is a court judgment against you, it would be premature to file bankruptcy.

 


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