I loaned uninsured car to friend and she had an accident HELP!!!

AnnaBananna · #1 01-27-2005, 07:33 AM

What is the name of your state?xxxWhat is the name of your state? I am in Indiana
My friend used my car to pick up her kids and she was in an accident. I have no insurance and it was the other drivers fault. I am just wondering what will happen to me on a leagal standpoint. Will my license be suspended for not having insurance? Will I have to pay for damages for the other car? Or will my friend be responsible for it because she was the driver? I have called several attornies in my area and obody wants to talk to me because it is not an injury case and they tell me that is is a crime to have no insurance and I am totally lost at what to do. Can someone please help me? Any advice will be greatly appreciated.. Thanks in advance!!!

Ceann

Lynx 36 · #2 01-27-2005, 09:06 AM

Quote: "Will my license be suspended for not having insurance?"

Possibly. It's up to law enforcement if they decide to charge you or not. Allowing your car on the road w/o insurance is illegal. They should charge you and the driver of your car. This was a stupid decision.

Quote: "Will I have to pay for damages for the other car?"

Not if the accident was not her fault.

I wouldn't let that car on the road again w/o insurance. Insurance follows the car not the driver. If your car is in an at fault accident w/ injuries you could lose everything you have next time. Tell your friend to buy her own car w/ her own insurance and not put you at risk in the future.

JReyes · #3 01-27-2005, 11:28 AM

Quote: "Will my license be suspended for not having insurance?"

Our office has a claim right now where a lady was driving on the opposite side of the one way street. Our insured, or ex-einsured (her policy canceled at the time of the accident), had a stop sign. She went through the stop sign and hit and injured the other driver. The car our ex-insured was driving didn't belong to her and it was uninsured.

The owner of the car is now getting his licensed suspended. He doesn't have car insurance, so now the house will probably be taken away too from a lawsuit. She thought it wasn't fair, ex-insured, because the other driver was going the wrong way. However, in the insurance industry there is a saying, "two wrongs don't make a right". And if this case does go to court, the judge will probably rule in favor of the other driver because our ex-insured commited a criminal act by knowingly driving a car without insurance. But, the one who will be ultimately responsible will be the owner of the ex-insured's car because he is the registered owner and is required by law to maintain insurance.

Never, ever put a car on the road without any liability coverage. That could be one of the biggest exposures you can find.

P.S. In NJ, if the driver of the car has their own auto insurance but isn't the owner of the vehicle at the time of the accident; the driver could but the claim against his/her own auto insurance policy. Check if that is the same with your state.

Lynx 36 · #4 01-27-2005, 01:19 PM

Quote: "The owner of the car is now getting his licensed suspended. He doesn't have car insurance, so now the house will probably be taken away too from a lawsuit. She thought it wasn't fair, ex-insured, because the other driver was going the wrong way. However, in the insurance industry there is a saying, "two wrongs don't make a right". And if this case does go to court, the judge will probably rule in favor of the other driver because our ex-insured commited a criminal act by knowingly driving a car without insurance. But, the one who will be ultimately responsible will be the owner of the ex-insured's car because he is the registered owner and is required by law to maintain insurance."

Wrong. Wrong. Wrong. Just b/c someone was driving w/o insurance doesn't mean they are at fault f/ the accident. It is the same if you are drunk. These things don't automatically make you at fault.

Your ex-insured will not lose her house, nor is liable to pay the other driver f/ any damages. She will have her license suspended f/ about 6 mo's then show proof of insurance to get them back.

You better complete your training courses before you give advice rookie. You were way off on this one.

JReyes · #5 01-27-2005, 02:54 PM

Lynx36, you are misinterperting my story. It was pretty hard to describe.

Wrong. Wrong. Wrong. Just b/c someone was driving w/o insurance doesn't mean they are at fault f/ the accident. It is the same if you are drunk. These things don't automatically make you at fault.

I do know that our ex-insured will not be held responsible for any losses b/c she did not own the car, I agree with you in that. She will, however, get her license suspended. Remember what I said, "two wrongs don't make a right."

Your ex-insured will not lose her house, nor is liable to pay the other driver f/ any damages. She will have her license suspended f/ about 6 mo's then show proof of insurance to get them back.

The owner of the uninsured car is the one who is most exposed in this scenario, and the owner of the uninsured vehicle is the one who could lose his house, not the ex-insured. That is what I said. And I quote, "The owner of the car is now getting his licensed suspended. He doesn't have car insurance, so now the house will probably be taken away too from a lawsuit."

You better complete your training courses before you give advice rookie. You were way off on this one.

I may not be as experienced in insurance as you, but I am better educated than most. As you can see, I am well aware of the situation at hand and the outcome that will follow.

Lynx 36 · #6 01-27-2005, 03:20 PM

Sorry, I was confused on the particular situation you were describing w/ your ex-insured. Yes, after re-reading your post I would agree w/ you. Your ex-insured was driving an uninsured vehicle that wasn't hers. Accident her fault=Deep sh!t f/ the owner of the vehicle.

jsecape · #7 01-27-2005, 03:53 PM

WHAT the hell where YOu thinking

AnnaBananna · #8 01-28-2005, 07:51 AM

I want to thank everyone who offered advice and criticism to me on this one. Yes I know it was wrong to loan out my car. No, I didn't know that I didn't have insurance.. Husband takes care of that and it cancelled the end of December and I didn't know.

But thanks for the help.

Ceann