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Lcarrico · Dec 29, 2008, 06:06 PM

Yesterday I was involved in a car accident. The accident was not my fault, the lady has already agreed it was hers. However, I have a suspended license and no car insurance. She only has liability... does anyone know if her insurance will cover my damages? My car has been totaled and so is hers.

N0help4u · Dec 29, 2008, 06:09 PM

Her insurance should cover your car. I know in my state it would.

ScottGem · Dec 29, 2008, 06:13 PM

The damages to YOUR car will be covered by her liability. If she doesn't have collission on her own then her damages will not be covered.

Do you have a signed statement or witnesses that she admitted it was her fault? You are in a tenuous position. Unless there is clear proof she was at fault, the fact that you were driving illegally is not going to help you.

N0help4u · Dec 29, 2008, 06:21 PM

I wanted to add that if she changes her story saying it was your fault then it may be difficult to prove.
Also even if she does claim that it was her fault it still depends on what your state laws say. Like in my state if you were turning left and hit her, no matter how much it was her fault the insurance company says it is YOUR fault.

Lcarrico · Dec 29, 2008, 07:01 PM

I live in Indiana. I'm still waiting for the police report of the accident, but the cop told me that she admitted to the accident. I don't know if she has collision or not.

ScottGem · Dec 29, 2008, 07:09 PM

Even if the police report says she admitted it, she could recant, but it will be harder for her.

pa46226 · Dec 29, 2008, 07:20 PM

I live in Indiana also. If you don't have insurance or a valid driver license. It doesn't matter whose fault it is. It is your fault, because you are not suppose to be driving period.

twinkiedooter · Dec 29, 2008, 08:20 PM

Please don't come to Ohio and drive with no license or insurance as I don't need you on the roads here.

Why were you driving with no insurance or license? Did you get a ticket for this?

She may or may not recant her story, but since she did mention to the cop it was her fault you may, may, just luck out on this and have your car repaired courtesy of her insurance.

ScottGem · Dec 30, 2008, 06:44 AM

While you should have been ticketed for driving without insurance or a license, that still doesn't make you at fault. The circumstances of the accident dictate fault.

N0help4u · Dec 30, 2008, 07:54 AM

I agree with Scott that the fault does not and should not automatically go to the one with no license.
In fact, recent statistics show that MANY people are starting to drop their car insurance because of the cost of living they can no longer afford all their bills. Car insurance seems to be the first thing to go. Not a good thing but the trend.

JudyKayTee · Dec 30, 2008, 08:27 AM

Originally Posted by N0help4u

I agree with Scott that the fault does not and should not automatically go to the one with no license.
In fact, recent statistics show that MANY people are starting to drop their car insurance because of the cost of living they can no longer afford all their bills. Car insurance seems to be the first thing to go. Not a good thing but the trend.

Right, agree with Nohelp and Scott. The circumstances of the accident will prove fault. The insurance company will make that determination. Statements at the scene factor into that fault but in most cases carry little weight - people jump out all the time and admit fault, say they are sorry, when in fact they weren't at fault, weren't 100% at fault. It's from the shock and surprise of the impact. I've investigated accidents where people have been rear ended and have jumped out and taken responsibility.

The no license/no insurance goes to the character of a driver - would a person who drove illegally be more capable of lying about the circumstances of the accident than a person who follows the rules of the road?

And, yes, I'm already seeing accidents with no insurance. I keep preaching that everyone should carry underinsured/uninsured coverage for just that reason.

N0help4u · Dec 30, 2008, 08:34 AM

Originally Posted by JudyKayTee

.

The no license/no insurance goes to the character of a driver -

Or the pocket book of the person.

JudyKayTee · Dec 30, 2008, 08:36 AM

Originally Posted by N0help4u

Or the pocket book of the person.

Agreed but unfortunately driving is a privilege not a right and if you can't afford it, then I guess you shouldn't be driving. In many States if there is a personal injury Judgment against you for driving uninsured you cannot get a drivers license until that Judgment is paid and that's something to consider if anyone is tempted.

N0help4u · Dec 30, 2008, 09:35 AM

Yep once you are caught driving without a license or insurance it is all downhill from there until you get it all taken care of.

twinkiedooter · Dec 31, 2008, 05:33 AM

In Ohio if you don't keep your auto insurance in force, you will get a letter from the state saying that your driver's license has been suspended until you get valid auto insurance. Your insurance carrier informs the state you don't have insurance with them any longer. How could people just "drop" their auto insurance thinking they don't need it? I think this is mandatory in all other states as well.

N0help4u · Dec 31, 2008, 05:38 AM

Yes that is the way it works pretty much. In my state they do not suspend your license but they say you have to send in your license plate for 90 days. Then pay $50. To get it back.

The thing is that in an accident the fault is not determined by who is driving illegally as opposed to who has proper licenses, etc...
They are dealt as separate issues.
The suspended license and no insurance would/ should have got his car impounded and him a few fines.

ScottGem · Dec 31, 2008, 07:09 AM

Originally Posted by twinkiedooter

I think this is mandatory in all other states as well.

Some level of insurance is mandatory in all states, but the problem is the DMVs have no enforcement arm.

So, in OH for instance, the DMV sends out a letter stating that your license is suspended. But that's ALL they do. This doesn't stop anyone from getting behind the wheel and driving. There is no sign that flashes on a car that says "I'm not insured". There is no radio signal sent out to disable the starter of a car whose insurance lapses (wouldn't that be nice?). So the irresponsible driver can still take the car out.

However, if such a driver is stopped, then they would be arrested and their car impounded. But if they drive carefully and don't violate any laws or get into an accident they can drive without insurance or a suspended license for years.