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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 15 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.

 

 

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption