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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default California Car Accident, Not at Fault, No Insurance for Car

    I currently live in CA and was involved in an accident today. My girlfriend was driving my car when it was struck from behind on a major highway. I was the passenger. She was slowing down, almost to a dead stop, because of a jam in traffic when we got slammed from behind and jettisoned into the car ahead of us causing a three car pile up. My car is now totaled. I believe that we are not at fault because the car behind us hit us while we were stopped. This is where things get a little tricky.

    We were on our way home from a court date that I had about a suspended license. While at court I found out that it was because of my insurance (SR22) being terminated without my knowledge. I moved a couple of months ago, was paying for the insurance through automatic withdraws and never received any forwarded mail about the termination. When we got home from the hospital checkup, whiplash for the both of us, I called my insurance agency. I explained my story about moving, auto withdraws, not getting mail and tried to settle the balance due from the time of termination to today to no avail. They said I had to create another new policy today which I did. Right now I gather that the car I was in was uninsured at the time of the accident.

    Now for the questions:

    Am I right in thinking that at the time of the accident the car was uninsured?

    If we were not at fault can I still collect from the at fault drivers insurance company because my car is totaled? If so how do I go about this and will my new insurance company/policy help me out in the matter?

    What could be the repercussions for both myself, the owner of an uninsured vehicle on a suspended license and my girlfriend, the driver involved in the accident of an uninsured vehicle?

    Any little bit of information will help greatly. Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California Car Accident, Not at Fault, No Insurance for Car

    From what you say, your car was uninsured. It is possible, as you obviously know, to be cited for driving an uninsured vehicle.

    Make a claim with the at-fault driver's insurance company and see if they pay it.

    Your new insurance company shouldn't be expected to have any interest in helping you with a claim which arose before your policy was in effect.

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