What happens if I was in an accident and had no insurance but it was the other driver’s fault?

UPDATED: May 16, 2011

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What happens if I was in an accident and had no insurance but it was the other driver’s fault?

Stopped to make left turn, and the car going the opposite direction hit the breaks and slid into my front left bumper due to rainy weather. I have no insurance for the car under my name, only my parent’s name. The cop said it’s his fault and for me not to worry about it. What happens next and what should I do?

Asked on May 16, 2011 under Accident Law, New Jersey


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

Answered 11 years ago | Contributor

Since you were NOT at fault in the accident, the fact that you did not have insurance will not affect the outcome.  You should file a claim with the other driver's insurance carrier for property damage to your vehicle.  The other driver's insurance carrier will pay for the cost of repairs to your vehicle.

If you were injured in the auto accident, you should file a personal injury claim with the other driver's insurance.  This is separate from your property damage claim.  When you finish your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Compensation for the medical bills and wage loss is straight reimbursement.  If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit for negligence against the other driver.  If the case is not settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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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