driving with no insurance

[margiek]

What is the name of your state? Virginia
My question: If I was uninsured and a accident happened in a parking lot.
The fault was not my own but the other driver, the police were not called.
Information was the only thing exchanged. No damage to my vechile, other vechile had damage. A claim has been put in to the other persons insurance
company, The insurance company is contacting me. Do I have to talk with them? Also should I contact an attorney since I was without insurance at the time of the accident? Does it make a difference because it was in a parking lot
and no report was done?

 

[fire1ss]

Question

Was your car parked or were you moving at the time of the accident?

 

[margiek]

Was your car parked or were you moving at the time of the accident?

What would be the difference?
I was backed out of the space and stopped but turning my wheels to move foward.
The car hit me in the rear. I really don't see that it matters seeing as how I was uninsured at the time.
She is claiming $3000.00 worth of damage to her car. That's crazy!! I know she was at fault, but I was
uninsured. I need to know what steps to take from here, what are going to be the penalitys & intrest
I possibly have to look forward to? How can I protect myself from a very bad situation?
All help and advise will be very much appreciated.

 

[zippysgoddess]

First of all, having insurance or not, has nothing to do with who is at fault in the accident. However, since you did not call the police, you are in a he said/she said type of situation and the insurance company will end up deciding who is at fault.

As to a parking lot, nope, doesn't matter, you were driving that vehicle without insurance, you can expect fines and more than likely a license suspension for driving without insurance.

 

[margiek]

So I can assume I should contact an attorney?

Or since it is going to cost me anyway just go ahead and talk to her
insurance company and inform them I was without insurance at that time.

Can I get in any trouble if I choose not to talk to the insurance company?

I'm really at a loss, what direction should I take now?

 

[efflandt]

Doesn't matter if you are on public or private property. From http://www.dmv.state.va.us/webdoc/citizen/drivers/vadm/vadm3-1.asp

"In Virginia, while you maintain a Virginia registration of a vehicle, you must have insurance for that vehicle - even if it cannot be operated. If you cancel the insurance on a vehicle, the license plates must be returned to DMV immediately."

I imagine there is more to it than that. But if you fail to settle and it is reported to police at some point in time, you will be in more trouble.

 

[JSAautomotive]

Not sure the way it works in Virginia, but in California we have a manditory insurance law also. And the other cool thing they did was to make it a default issue if one party does not have insurance. In other words... if I got into an accident with you and I was insured, but you weren't, and even if it was my fault, you still lose because you didn't have insurance. They may have the same default laws in your state.

I love that law. Makes the irresponsible people that drive without insurance responsible for my mistakes.

One of biggest pet peeves here in Los Angeles is people driving without insurance. It illega to drive without insurance, but the cops won't arrest them. So much for having laws on the books huh?

 

[stephenk]

"but in California we have a manditory insurance law also. And the other cool thing they did was to make it a default issue if one party does not have insurance. In other words... if I got into an accident with you and I was insured, but you weren't, and even if it was my fault, you still lose because you didn't have insurance. They may have the same default laws in your state."

That is absolutely not true.

Plus driving without insurance is against the law but not a criminal act to the extent any type of jail sentence is mandated. Impounding a vehicle, suspending a license, and requiring the purchase of higher premium insurance coverage is the punishment.

Where are you getting your "facts"?

 

[Meatcutter]

"but in California we have a manditory insurance law also. And the other cool thing they did was to make it a default issue if one party does not have insurance. In other words... if I got into an accident with you and I was insured, but you weren't, and even if it was my fault, you still lose because you didn't have insurance. They may have the same default laws in your state."

That is absolutely not true.

Plus driving without insurance is against the law but not a criminal act to the extent any type of jail sentence is mandated. Impounding a vehicle, suspending a license, and requiring the purchase of higher premium insurance coverage is the punishment.

Where are you getting your "facts"?

I agree with StephenK. I've never heard of such a thing in California. I do know many states bar recovery for such things as medical bills and pain and suffering if you are driving without insurance. The basis being, if you don't pay into the system, why should you be able to collect from it.

However driving without insurance has nothing to do with fault and negligence in an auto accident. An example would be a 12 year old driving a car. If he gets in an accident and it is because another driver ran a red light, the 12 year old isn't at fault just because he's underage. It's illegal but not liability.