No Car Insurance in Accident

What is the name of your state? California

I was involved in a "fender bender" at an intersection. A lady went through a red light when I was turning left. I find out later from my insurance company that there had been a "lapse" in my coverage due to non-payment. It's basically come down to her saying I was wrong and me saying she was wrong. Should I contact her insurance company and try to settle immediately? The damage to her vehicle is $3,000. When they find out there is a lapse in my insurance, will they sue the hell out of me? Should I hire a lawyer? I am very frightened by this whole ordeal. Am I going to lose my license?

misterduke2003 said:

What is the name of your state? California

I was involved in a "fender bender" at an intersection. A lady went through a red light when I was turning left. I find out later from my insurance company that there had been a "lapse" in my coverage due to non-payment. It's basically come down to her saying I was wrong and me saying she was wrong. Should I contact her insurance company and try to settle immediately? The damage to her vehicle is $3,000. When they find out there is a lapse in my insurance, will they sue the hell out of me? Should I hire a lawyer? I am very frightened by this whole ordeal. Am I going to lose my license?

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My response:

You never said if there were any witnesses or a collision report. So, guess who they're going to believe? They will pay for her vehicle repairs, and then come after you for reimbursement. If you injured her, you'll have even more to worry about.

Yes, the DMV will suspend your license for 6 months and you'll be paying a very large fine.

IAAL

What about if I get a lawyer? Or go to small claims? Wouldn't it be a split decision?

misterduke2003 said:

What about if I get a lawyer? Or go to small claims? Wouldn't it be a split decision?

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My response:

Sure, get a lawyer if you can afford it. Or, take her to small claims court - - but, without a collision report or witnesses, how do you plan on proving your case?

Split decision? Who knows?

IAAL

What if I just give in, I want to put this behind me, and talk to her claims person at her insurance company and attempt to pay for the damage and settle it?

misterduke2003 said:

What if I just give in, I want to put this behind me, and talk to her claims person at her insurance company and attempt to pay for the damage and settle it?

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My response:

Sure. You can negotiate a settlement. It will undoubtedly include the property damage, rental car, loss of earnings, medical costs, and pain and suffering.

IAAL

How will the DMV be notified? By her insurance company?

There are no injuries at all-it was seriously a scrape of fenders.

misterduke2003 said:

How will the DMV be notified? By her insurance company?

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My response:

Yes. However, you're also required to comply with the Financial Responsibility Law. So, when the DMV receives her SR-1 form, the DMV will write to you for your information.

IAAL

misterduke2003 said:

There are no injuries at all-it was seriously a scrape of fenders.

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My response:

Oh yeah?

Watch what happens.

IAAL

"Watch what happens" - would this mean that I would be better of not trying to settle with her insurance company? Is small claims the better bet? What would you do if you were me and found yourself in this situation? I appreciate your feedback greatly. Thank you.

Are you still there?

You're in trouble guy. No matter how you cut it, you're in trouble.

Not that it's going to matter much, but just how did this accident occur. For instance; were you traveling north while she was traveling south? Did you make your left turn in front of her? If that's the case, even IF she ran a red light, which will be impossible to prove without witnesses, that would mean that, unless you had an arrow, you ran that same red light. In this scenario, even with a red light present, you still must yield the right of way to her.

Assuming she has the right coverage, her insurance will pay the cost of repairing her car. They will then come after you for reimbursement. You'll be forced to defend yourself against their lawyers. Once you lose, you'll also be paying all court costs as well. That's going to be much higher than the $3000 in damage. So, it's up to you. Take your chances in court with them, or try to come to an arrangement now with her insurance company.

BTW, "watch what happens" means wait to see just how many injuries she might come up with now.

You didn't run a red light, but you made a turn in front of an approaching car that was not slowing for the light. you can only make your turn if it is safe to do so, regardless of whether the light is green, yellow, or red.

most carriers are willing to accept payment plans for reimbursement. If you can afford an attorney to negotiate a settlement, do it.