What to do if I was in a car accident but my insurance had lapsed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was in a car accident but my insurance had lapsed?
I was recently in an accident and didn’t have insurance policy info. When I checked my policy at home it said my insurance lapsed. There were no injuries in the accident to either me or the other party. When the police checked my information it showed I had insurance. The person I hit had a lawyer call me and they asked if I had insurance. I told them no and they said thats all they needed and hung up. I have a court appearance tickets I received from the accident next week. One is for failure to make a left turn and the other is no insurance card. I’ve never been in trouble before and don’t want to go to jail as I have a family to take care of. I’m looking to know what my options are.
Asked on May 8, 2012 under Accident Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You won't go to jail. This is a civil case and not a criminal case. You will probably pay a fine for the traffic ticket. As for no insurance, the penalties vary from state to state and may include fines and/or license suspension.
If the other driver had uninsured motorist coverage on his/her policy, the other driver can file a claim through his/her insurance company for property damage and/or any personal injury claim which might arise due to the accident. If the other driver did not have uninsured motorist coverage, the other driver will sue you to recover compensation for property damage and/or personal injury. If the other driver had uninsured motorist coverage, the insurance company will sue you to recover the amount it paid on the claim. If the other driver or the insurance company sues you and gets a judgment against you in an amount you can't afford to pay, you might want to consider filing bankruptcy. It would be premature to file bankruptcy until there is a judgment against you.
The reason the other driver's lawyer hung up after finding out you didn't have insurance was that either the case will be an uninsured motorist claim or if the other driver did not have insurance, the attorney won't take the case.
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.