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  1. #1
    Join Date
    Oct 2019

    Default Recently in a Car Accident Where I Was Hit and Had No Insurance

    California Accident.

    I was driving down the street going home and this driver merged fast into my lane causing my left side towards the front to be hit while his right side close to the rear of his bumper to be hit as well. They merged pretty hard on me and well needless to say, I lost quite a bit of the left side near my tire. It seems to move ok and drive ok so far but its not looking pretty. The thing is, I have no insurance and i am in the hospital right now because my neck is hurting and i want to make sure i dont have a concussion. What can happen? The car is insured but i am excluded apparently and i didnt know although thaat wouldnt matter anyways. If i am not at fault or if at least, if i am not found at fault. What would be the likely scenarios. I have gap insurance also since i am the owner of the car. I just dont have insurance. Because well it was a dumb move on my part. It was insured though for the person who ALWAYS drives it. Any help here with what i can do to get my car fixed. Or to avoid getting screwed over by a reckless driver? Thanks for your time and blasting me as well if you must.

    also i mentioned i had gap. I am still making payments on the car. I still owe a lot.

  2. #2
    Join Date
    Mar 2013

    Default Re: Recently in a Car Accident Where I Was Hit and Had No Insurance

    I'm not sure I understand your coverage situation but we'll let that go for the moment.

    Assuming you can show that the other driver was at fault and his insurance company doesn't deny your claim you are still entitled to the cost to repair your car or it's Actual Cash Value (if it's a total loss) and your actual medical expenses.

    What you are not entitled to in California is the pain and suffering (et al) money that everybody loves to get when they get injured by somebody else.

    See Section 333.4 of the California Civil Code:

    Now back to your insurance. If I'm reading it right you own the car, you insure the car, but only for another driver and, for some reason, you are excluded from the coverage.

    Take out your policy and READ it. Are you excluded by name? If you are excluded by name then, typically, NOTHING is covered for you, not the liability insurance, and not the car damage. And if you aren't covered for the car damage then your GAP policy might not cover anything either.

    Sorry to have to paint such a bleak picture but you really need to go back and figure out how and why your "exclusion" happened.

  3. #3
    Join Date
    Jul 2018

    Default Re: Recently in a Car Accident Where I Was Hit and Had No Insurance

    Quote Quoting who
    View Post
    What can happen?
    Any number of thousands of things can happen. Most significantly is that this accident should be reported to the DMV. When you are unable to produce evidence that you were properly insured, your driver's license should be suspended.

    Quote Quoting who
    View Post
    he car is insured but i am excluded
    Please elaborate as to exactly what this means (especially given your statement that you are the owner of the car).

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