I was in a car accident in which it was my fault (technology). I pulled out tyring to make a left turn while someone was coming. I did not see the car do to "morning sun". Police came and an ambulance, both of us were taken to the hospital, neither on of us were seriously hurt. My car was completely totaled, and the other person car has some slight damage to the front of their car from where they hit me. What do I do? And how do I go about trying to get a new car?:confused:

Hello Londarion:

You're going to have to buy yourself a new car. That's why you should have insurance. If it was your fault, and you said it was (technology), then the other guy's insurance isn't going to pay.

excon

You need to think how are you going to buy the other person a car, because they will be expecting you to write them a check for all of their damage, all of their medical expense and loss of income and other factors.

And of course you can also expect a ticket for no insurance once they figure that out ( and it is not cheap either)

If you are lucky, the person you hit will have full coverage, and their insurance will fix their car and pay their medical bills and then their insurance company will sue you in court for that amount, and most likely get a garnishment to allow you to pay for their car over a nunber of years.

So you getting a new car is the least of your worries.

As to your car, you write a check for one out of your checking account, you buy one and make payments, getting another car is your problem, only.

Call a Personal Injury Attorney in your area and request a FREE fifteen minute consultaion. They can better advice you regarding the laws in your area.

As for a general concideration, the insurance companies will determine the degree of fault to be assigned to each driver for purposes of determining which coverage applies to the accident. If the other party had insurance, after they report an accident to their insurer, the company will investigate the circumstances of the accident and then make a liability decision of who's at fault based on the Fault Determination Rules.

If the other party has no insurance (which you better hope and pray that they don't), then their options include asking you to pay for the damage to their car, or pursuing a small claims action. If they do not proceed with pursuing the court proceedings, then you have nothing to worry about, technically.

However, with most insurance companies, you are at falt, their (the other party's to the accident) insurance company will send you a letter notifying you of the claim against you. They are going to offer you an amount to pay to settle the costs; medical, property damage, pain and suffering, etc.

If they do, accept it and don't try to take them to court. These insurance companies will usually work with you by designing a payment plan that fit your budget.

Make an agreement of the least amount that you can afford to pay. Make all of your payments on time. This will keep them off your back, sort of say. Before you know it, you will have them all paid off and this whole situation behind your back.

I wouldn't really worry about it now, though. Hopefully, the other drive will have uninsured motorist in their full coverage insurance that will help to pay for their medical and hospital bills.

Hope this answers your question!

REFERENCE(S)

1. Law offices Doroshow, Pasquale, Krawitz and Bhaya, If You Have Been Involved In An Accident(Online: Dplaw.com, 2006) Law Offices of Doroshow, Pasquale, Krawitz & Bhaya | delaware lawyer | Attorney Delaware | Delaware Lawyers (http://www.dplaw.com/involved_in_accident.htm)

2. aaron, Car accident with no insurance(Online: ExpertLaw Forums, 2006) Car accident with no insurance (http://www.expertlaw.com/forums/showthread.php?p=33886)

3. Advocacy for Respect for Cyclists, WHO'S AT FAULT(Online: ARC and Wikipedia Foundation, Inc. 1999) Financial Services Commission of Ontario - Who's at fault? (http://www.respect.to/legal/whos-at-fault.html)

If you're uninsured, don't expect to be getting a new car anytime soon unless you can afford to pay cash for one. I hope there wasn't a lien on the one you totaled in this accident. I also hope you don't get hit with a personal injury lawsuit. If you do, you'll be paying the damages out of your own pocket. Also be prepared to pay for repairs to the other car, again out of your own pocket since you were uninsured. You're going to be in debt for a very long time and will probably end up with a wage garnishment. Do you own any assets such as real estate? If so, you'll probably end up with liens placed on them as well.