My husband was in an accident without insurance. What doI do?

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My husband was in an accident without insurance. What doI do?

The insurance company for the other driver is asking for $13000.00. I don’t have that kind of money. If I did, I would have paid my insurance. What do i do?

Asked on April 7, 2009 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, by not having insurance he was violating California law. Between 2001 and mid-2006 over 1.4 million California drivers were convicted for lack of proper auto insurance coverage and 78,000 had been convicted after a collision for lack of liability coverage. And all but 2 states have laws requiring auto owners to maintain at least some level of liability insurance.

Under the general rules of law, anyone, including your husband [unless he is a diplomat who enjoys certain immunity], is civilly liable to anyone injured by his negligence. If you had auto insurance your carrier would pay the judgment. If your husband did not have auto liability coverage, the driver that was injured or sustained property damage can sue him (and probably you, given that the use of the car was for the "marital community") for the damages, and likely get a judgment and then try to enforce it. Bankruptcy may be a necessary alternative.

You could try to convince the other driver to file a claim with his own insurance company for any collision damage (if the driver carried collision), and to cover any medical bills under the no fault provisions of his own coverage. He might also be able to collect for property damage under the uninsured motorists provisions of  his policy.

Of course, to the extent that the other driver's insurance company pays anything to its insured, it takes over his claims against you, and likely would sue you, with the same result. You could try to convince his insurance company you have nothing so it is not worth its time and expense to sue. But if you do have any assets, this is the time to see a lawyer and get some personal advice.

 

 

 


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