What to do ifI and an auto accident but my coverage was lapsed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do ifI and an auto accident but my coverage was lapsed?
I was involved in an auto accident. I rear-ended a couple when they slammed on their brakes. I received a ticket for following too close and an expired insurance card. When the officer pointed out that my card had expired I quickly made an insurance payment not knowing that it was time to renew. The insurance company accepted my payment and did not alert me that my policy had previously “cancelled”. When I called to file my claim the agent took my information and statement and said an adjuster would contact me within 48 hours. This morning the adjuster called an informed me that I had a lapse in coverage during the time of the accident. The other vehicle involved in the accident didn’t incur near the damage as my vehicle and they are insured. My car has a lienholder and they have not been notified of the accident and I am unsure if they will be. What is the best thing that I can do to protect myself from being sued and losing my license?
Asked on March 12, 2012 under Accident Law, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, since your insurance had lapsed, there isn't really any way to protect yourself from being sued by the other party or possibly having your license suspended for driving without insurance. If the other party had uninsured motorist coverage, the owner of the other car could file an uninsured motorist claim through his/her insurance carrier. If the other party had uninsured motorist coverage, their insurance company could sue you for the amount it pays on their claim. There might be both property damage and personal injury claims. The property damage claim would be the cost of repairs to their vehicle. The personal injury claim would include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills and compensation for wage loss.
If the other party gets a court judgment against you which you can't 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. Don't worry about this situation because it could be a year or longer before there is any court judgment against you.
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.