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Hello I got hit in the back in Alabama. A few weeks ago I had no insurance but it was not my fault. The man that hit me was on drugs He does not have insurance. I was on the main road. I was taking my car to get it fixed. I asked my insurance agent if I needed to get coverage to get it fixed he said no. Of course that all changed when the man hit me. So I got coverage the day he hit me. I am scared can I loose my license? What Can Happen?
Not having insurance has nothing to do with losing your license. You may have to turn in your tags for a period and/or pay a fine for not carrying insurance depending on your state's laws.
If the other driver has been determined by the investigators to be at fault and he has no insurance, you have the option to have the repairs done and then sue him for the money you spent. If you'd had what's called coverage for Uninsured motorists, your policy would've covered you in a situation like this.
Starting/resuming coverage after an accident will not cover your repairs because it had already happened before the coverage was in place.
So you either eat your losses or hope to get money from a druggie.
Actually unless they changed the law, Alabama is one of the few states that do not legally require you to have insurance to drive. At least it was that way a few years ago.
Did you get a ticket for no insurance when you had the accident, if no, then you won't.
But your issue is the person that hit you also did not have insurance, so are they going to write you a check to fix your car? If not you have to sue them for your money.
So if Alabama law has not changed you don't have to have insurance to take it to be fixed but if you were in a accident that was your fault you would write a check to repair the other persons car or be sued.
No, I did not get a ticket. They refusing to pay. So I will have to sue them. I am having to fill out an SR-13 for the state and it asks if I had insurance I want to say yes because I do now I got it the day of the accident. Can I get in trouble because of the SR-13?
The SR 13 is required, and it wants to know what insurance you had at the time of the accident.
And I was wrong, Alabama has changed its law, and you are now required to have insurance.
There is no way to fake it, you may be able to sue your agent if you can prove they told you to drive without insurance
The fact that you started the insurance after the accident won't have any bearing on whatever penalty your state mandates for having a lapse in coverage. More than likely your state DMV will want an official signed form from your insurance carrier verifying the date your coverage began. Also, it is doubtful that your insurance agent will vouch for you having insurance at the time of the accident. If so, he/she could face having their [agent] license stripped.Quote:
Originally Posted by Camilliarobin
Are you trying to 'trick' your insurance into paying for the damages or are you trying to avoid your state's penalties?
It will help that you got insurance the day you were hit. Sadly your insurance agent was WRONG when he told you you could drive to the repair shop without insurance. You will have to tell all this to the judge. The judge might give you a break since you were just driving to the repair shop. Good luck.
How will it help that the OP got insurance after the accident? The fact remains that the accident had already happened, so setting up insurance after the fact does nothing for this incident.Quote:
Originally Posted by Sunflowers
The fact that she had a lapse is actually a separate issue. And if her state requires drivers to carry insurance then it doesn't matter if she was only driving to the repair shop. Or the emergency room. Or to work.
I didn't read that the agent told her to drive without insurance... I read that she asked if she would need insurance in order to have her car repaired. Since [we are saying] the other driver was at fault, then their insurance would be responsible for paying for her damages.Quote:
Originally Posted by Camilliarobin
If she didn't receive a citation at the scene of the accident, then that's great luck. But that doesn't change the records that regardless of even if this accident had never occurred, she at some point was driving uninsured and therefore subject to whatever fines/penalties her state assesses for driving without insurance.
Sometimes in traffic court here the judge will give a break and not give a suspension if the person pleads not guilty and corrected the situation that they got the ticket for, including getting insurance on the same day After an accident. Just depends on the mood of the judge when you tell him your story...Quote:
Originally Posted by nikosmom
Is the person who hit you admitting to be at fault? Did the police come to your accident? (I'm assuming they weren't called because neither of you had insurance)... and were there any witnesses besides the two of you who were driving?
I'm asking this because if it does come down to you suing him if might be pretty difficult to prove if there are no witnesses or reports filed. It could possibly cost you more money to sue him if there is not enough evidence.
The OP did not get a ticket so we are not talking about a traffic offense.Quote:
Originally Posted by Sunflowers
Not having insurance is not a 'traffic violation' so it is not heard by a judge. It is breach of the law that requires drivers to maintain insurance.
For some reason I thought there was a ticket :o... I get distracted here, at home, while I'm online with my toddler running around :o. I rarely can finish a question or answer without having to give my baby attention :eek:.Quote:
Originally Posted by nikosmom
Sorry
Yes, The police were called. The other driver got a ticket for no insurance, but I did not.
I only had liability anyway so the insurance will not pay.
Only thing I am worried about is losing my license will it happen?
Unless your state is different; a driver's license would only be suspended due to traffic violations or unpaid fines stemming from those violations.Quote:
Originally Posted by Camilliarobin
You may however, have to turn in your license plate for a specified amount of time and/or pay a fine. Check with your state's DMV to find out what the repercussions are for having a lapse in insurance coverage.
A car does not need insurance UNLESS it will be driven on public roads. So if your car needed repairs it wouldn't need insurance until it was road ready. I don't know whether your agent realized it could be driven when he advised you.
But since you were not issued a ticket for an uninsured vehicle, there is nothing to worry about on that end.
Your only concern now is whether you should sue the driver or not. Frankly, while you will probably win the suit without a problem, A druggie who drives without insurance is probably not going to have an assets you can attach to collect.
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