If someone other than me was driving my car and got into an accident but my car is not insured, what is my responsibility?

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If someone other than me was driving my car and got into an accident but my car is not insured, what is my responsibility?

Asked on April 22, 2012 under Accident Law, Maine

Answers:

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

Answered 9 years ago | Contributor

If the person driving your car was at fault in the accident, you are liable for the accident because you are the registered owner of the vehicle.  Your liability would include property damage (cost of repairs) to the other vehicle and the personal injury claims of the occupants of the other vehicle.  The personal injury claims will include compensation for the medical bills, compensation for pain and suffering and compensation for wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the other driver had uninsured motorist coverage, the other driver can file an uninsured motorist claim through his or her insurance carrier, but that insurance carrier will then sue you to recover the amount it pays on the claim.  If they get a judgment against you which you cannot afford to pay, you might want to consider filing bankruptcy.  It would be premature to file bankruptcy until there is a court judgment against you.

If the person driving your car was not at fault in the accident, you can file a claim with the at-fault party's insurance carrier for the property damage to your car.


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