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  1. #1
    Join Date
    Sep 2004

    Default Uninsured Auto Accident

    I was recently in a minor accident on my way to work. I rear-ended someone. I was at fault, but it was at a traffic light at about 5 mph. We both got out of our vehicles and inspected for damage, neither of our cars had even a scratch. I had a lapse in insurance coverage at the time of the accident.

    The other driver called the police to file a report, and said she felt fine and needed no medical attention.

    Now I have received a letter from her attorney stating that I needed to turn her claim over to my insurance company or contact their office immediately. What actions can she take against me, if I don't have insurance?

  2. #2
    Join Date
    Sep 2004

    Default Responding to the Lawyer's Letter

    The lawyer is probably looking for any source of money against which he can make a claim or demand. It is difficult to know if he would file suit if there isn't any insurance, as the odds of collecting money directly from you are probably quite low.

    Keep this in mind - driving without insurance is a misdemeanor offense in most jurisdictions. Getting into an accident without insurance can leave you without any coverage for injuries you cause to others, and depending upon the laws of your jurisdiction may leave you unable to recover for any damages you suffer in an accident. You were lucky that you didn't end up being cited at the scene for driving without insurance, and having to go to court to defend against that misdemeanor charge. I don't mean to lecture you - I just want you to be aware that you came very close to the edge here.

    If you do not contact the woman's attorney, the lawyer may file a lawsuit against you, as he can compel you to answer his questions through "discovery" after filing a suit. Thus, if I were in your position, I would call his office and explain that I was uninsured at the time of the accident, and leave it at that. I would not send him anything in writing unless absolutely necessary.

    I am telling you what I would do if faced with the scenario you have described, instead of what you should do, as I do not at this point have all of the facts relevant to your situation. If you want actual legal advice, you will need to consult with a lawyer in your jurisdiction.

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