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  1. #1

    Default Car Accident, Not My Fault, Insurance Expired

    I live in CA, and was just in an accident yesterday and it was not my fault. I know it is wrong to drive without insurance but I was planning on reinstating my policy as soon as I got some extra money but times have been rough financially. I reinstated my policy that same day because I was scared with all these new laws about getting your lisence suspended for driving without insurance.

    An elderly man was making a left turn as I was driving through the intersection and we collided. It was about 12:30pm on a Friday and the streets were pretty clear. There was just no way of avoiding him because by the time he decided to turn I was too close. Trust me, if I could have avoided him I would have because this is the last thing I need. He said I was going too fast, which I admit I was maybe going a bit over 45 in a 40mph zone. Still, it was clearly his fault.

    I'm pretty sure the damages will be more than the value. I also have neck and shoulder pain. I went to the ER at a community hospital today to get evaluated and the MD said I had classic whiplash and gave me a referal to a PT. They also took X-Rays. Just that one visit totaled to over $700! I couldn't believe it!

    This was my first accident and I did not take pictures at the scene, get witnesses, or file any report which I regret now that everyone has told me I shoud have. But from what I've been told its a pretty open and shut case simply by looking at the damages. I do have AAA and I had them tow my car from the scene, which was another charge I'd like to be covered on top of the physical and property damage. The other party already filed a claim and I was told that the adjuster from his insurance company will be contacting me Monday. Should I mention that I did not have insurance at the time of the accident or not? Also, do I need to hire a lawyer? And since I got my new policy after the accident even though it was on the same day, will they get involved? It's a small company that I signed up with through freeway insurance.

    MY CAR

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Car Accident, Not My Fault, Insurance Expired

    This was my first accident and I did not take pictures at the scene, get witnesses, or file any report which I regret now that everyone has told me I shoud have.
    you simply keep digging yourself a bigger hole.

    Have you filed your SR-1 report yet? If the damage is over $750, you are required to file that form. The damage to your car alone is over that threshold.

    the penalty for dailing to file the SR-1 within 10 days of the accident is license suspension.

    here is a link to the form: http://www.dmv.ca.gov/forms/sr/sr1.pdf

  3. #3

    Default Re: Car Accident, Not My Fault, Insurance Expired

    you simply keep digging yourself a bigger hole.
    I know. Thanks. I was just so shaken up that I was not thinking. Especially since this hasn't happened to me before. I will get on that form. What will happen since my insurance had expired? Also, do you recommend I get a lawyer?

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Car Accident, Not My Fault, Insurance Expired

    It appears, by your description to be an open-and-shut case, like you said. I hope that you told your new insurance company about the accident.

    No, you are not likely to need a lawyer at this point. BUT, you won't know how much coverage the at fault party had without one. In CA, the minimum, as you probably know, is 15/30/5.

    Yes, the other party's insurance company can notify the state that you weren't insured at the time of the accident. I wouldn't volunteer that information.

    Talk to the claims adjuster and go from there. If AAA payed for the tow, YOU cannot recover the cost of the tow. YOU can only recover what YOU paid over and above what was covered by AAA.

  5. #5

    Unhappy Re: Car Accident, Not My Fault, Insurance Expired

    I hope that you told your new insurance company about the accident....Yes, the other party's insurance company can notify the state that you weren't insured at the time of the accident. I wouldn't volunteer that information....
    I told the insurance broker (freeway insurance), however the actual carrier is closed on the weekends so I plan on calling first thing Monday morning.

    Also, in reviewing the SR 1 form it clearly says if not insured your license will be suspended. But, if I don't file it the penalty is suspension as well. Seems like I'm doomed either way, because the form asks for the policy period dates and there's a section about the policy not being in effect to fill out as well. I'm even more terrified then before This is awful. I'm supposed to start a new job in a week and without a license I'm screwed. I have an otherwise perfect driving record. Does the DMV ever take that into consideration?

  6. #6
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Car Accident, Not My Fault, Insurance Expired

    Quote Quoting LeftTurnVictim
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    I told the insurance broker (freeway insurance), however the actual carrier is closed on the weekends so I plan on calling first thing Monday morning.

    Also, in reviewing the SR 1 form it clearly says if not insured your license will be suspended. But, if I don't file it the penalty is suspension as well. Seems like I'm doomed either way, because the form asks for the policy period dates and there's a section about the policy not being in effect to fill out as well. I'm even more terrified then before This is awful. I'm supposed to start a new job in a week and without a license I'm screwed. I have an otherwise perfect driving record. Does the DMV ever take that into consideration?
    No, they don't. But after a certain time period, most people are eligible for a hardship license. I'm going to bed, but you can locate your state's DV website and either look in the driving manual for information on accidents and suspensions or suspensions in general (wherever it is in the manual) or most website have a FAQ section which might answer how soon, if at all, you'd be eligible for the license.

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