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  1. #1
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    Default Car Accident, Not at Fault but No Insurance

    My question involves insurance law for the state of: VA

    I was involved in a red light left turn accident. I entered the intersection to make a left turn while it was green to wait for oncoming traffic as permitted by VA traffic code. I ended up having to wait until the the light was red to make my turn because of the traffic. I made my turn and was hit by a car going straight from the opposite side. He was speeding up, ran the red light, and hit my rear passenger side. He denies the fact that the light was red and insists that it was yellow. He wanted for us to go our separate ways and take care of our own damages. We exchanged numbers, I wrote down his license plate number, and took pictures of my damage. In retrospect, I should have filed a police report, but was afraid because my insurance was expired (ironically, I was in the process of transferring the title from my father, buying insurance, and registering the car).

    Legal experts, what should I do? Should I file a claim with his insurance? What are the repercussions of doing that with no insurance? Do I have a case?

    Thanks for taking the time to read about my misfortune.

  2. #2
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    Default Re: Car Accident, Not at Fault but No Insurance

    You can try filing a claim and see what happens. Nobody here can promise you that there won't be ramifications for driving without insurance, but I doubt that the insurance company is going to try to report that to the police if that's what you're concerned about.

    Note that if the insurance company finds that you're at fault, though, they may attempt to pursue you for the damage and you could potentially face a driver's license suspension based upon the report of an unpaid judgment arising from an accident you caused while uninsured. They can do that even if you don't make a claim, based upon their insured's report.

    From what you have stated, even if they accept your version of events, I would not be surprised if the insurance company finds shared fault.

  3. #3
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    Default Re: Car Accident, Not at Fault but No Insurance

    Further, even if you both ran a red light, you had a duty to yield to a vehicle going straight. Likely, you will be found at fault for the accident entirely. Not having insurance will make you possibly 50% liable even if it were to be determined he was guilty also.

  4. #4
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    Default Re: Car Accident, Not at Fault but No Insurance

    Quote Quoting Mr. Knowitall
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    Note that if the insurance company finds that you're at fault, though, they may attempt to pursue you for the damage and you could potentially face a driver's license suspension based upon the report of an unpaid judgment arising from an accident you caused while uninsured.
    Thanks for the reply Mr. Knowitall! Can you elaborate on this point a little more. I'm not sure what you meant by "report of an unpaid judgement arising from an accident you caused while uninsured."

  5. #5
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    Default Re: Car Accident, Not at Fault but No Insurance

    It means that should they decide to claim you owe them for damages and you refuse to pay their demand amount, they will sue you. Based on their initiating a suit to get a judgment against you, you may face a suspension, when the court becomes aware you were driving without insurance and are being sued over it.

  6. #6
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    Sep 2010
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    Default Re: Car Accident, Not at Fault but No Insurance

    If they didn't cite you for no insurance at the time, you were lucky. You do know that you either have to have insurance or put of the bond money in Virginia. In addition to being stupid for just the sort of issues you are facing, it's illegal.

    One of three things is going to happen:

    1. You report it to the other guys insurer and they roll over and say, yeah we're at fault and pay.
    2. You report it to the other guys insurer and they say they aren't at fault. You're only options at that point are to sue the driver that hit you or take your losses.
    3. The other guy or his insurer sues you for the damage you caused to their driver's car. If you had liability insurance the insurer would take care of it. But since you didn't, you're on your own. If they win in court, you will be ordered to pay and if you don't you'll likely find your license and the registration not renewable.

  7. #7
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    Default Re: Car Accident, Not at Fault but No Insurance

    Quote Quoting kgeyser
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    Thanks for the reply Mr. Knowitall! Can you elaborate on this point a little more. I'm not sure what you meant by "report of an unpaid judgment arising from an accident you caused while uninsured."
    What part isn't clear? Is there a word you need defined?

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