5 car accident... uninsured motorist...?

Question

My friend and I were in the fastlane on the freeway probably going 55 mph. the traffic slowed down to 10-20 mph very abruptly and a collision with the car in front of us almost occurred. Traffic started moving forward again, then she (my friend) began to move forward and we looked at each other with the thought of "WOW, that WAS close" (It was for a split second) Then when we looked back to the road, the car in front of us was now completley stopped and sure enough we hit them. We do not know what happened.We don't know if a collision had already occured and we drove into it.We also don't know if she hit the car and then caused that car to hit the car in front of it and so on until 5 cars became involved.We were in a newer Ford truck (full size)I've been told by a reliable source that a vehicle would have a hard time causing that large of a chain reaction going roughly 30-35 mph...Fortunatley, almost everybody involved seemed OK, and no airbags deployed... This is where I need your advice, My friend did not have her policy renewed since 4-5 months ago. The police officer took her old policy number anyways and let us go. She doesn't know what to do and I don't know what to tell her. She doesn't care about the truck but is scared beyond belief about all the other cars and drivers. Her truck was still able to opperate.I need sound advice to help calm her down, She thinks her life is over... Please, honesty is good but don't try and scare us more unless you know it's the absolute truth. Yes she knows her policy was probably expired but she didn't know it happened 4-5 months ago. I know this girl, she is a good person, The only reason she didn't have insurance is because she has no money, She doesn't drink or smoke and is still barely scraping by paycheck to paycheck, All her money is going to her lawyer expenses from a bad divorce, and all the bills associated with it. This just happened today Does somebody out there know what she might be facing?

Answer 1

OMG that is awful! I can relate to being too poor to keep up, at 22 I was a single mom for 17 years no child support & no help. I kept putting expenses onto credit cards & I'm just now (at age 47) making a dent into the debt.

I have a lawyers website I found last month when I needed an answer from a REAL attorney (for free). Go to www.lawguru.com & post a question. You get up to 4 responses from attorneys in your area by email. 1 free question every 15 days, so make it count.

You might also want to post this same question in the yahoo category of law & ethics or law enforcement to see if an officers can help guide you in the process. Their point of view would be priceless to the situation.

Wish you well.

Answer 2

I hate to be the bearer of bad news but she has liability in this loss. My knowledge comes from working claims in Kansas and it is likely that your state laws are different. It appears from what I can read that she is at the very least responsible for the rear end damage of the car in front of her and most likely a % of the other cars damage. As a claims adjustor I would say going 30-35 MPH it is likely that there were multiple impacts on the cars in front and she carries some fault. What happens most of the time is that people will go to their own insurance to take care of the damage. The insurance companies will then go after your friends insurance or her if she had none. They will turn her into a collection agency and pursue her in court. The biggest disadvantage to not having insurance is that no one will be working on her behalf to support her interests. She is going to get hosed. I hope no one decides to show up with a whiplash injury. Hopefully it will just be the property damage she will have to reimburse.

Legally there is a chance that she will be turned into the state and prosecuted for no insurance but that rarely happens.

With regards to her truck, if she owes money on it and is uninsured then she is in violation of her loan (she is required to keep full coverage) and they could repossess her vehicle if they found out or they could insure it themselves and charge an outrageous fee.

Some unsolicited advice… If she is so poor that she cannot afford insurance than she should not be driving a new Ford full size truck! Why doesn't she sell the new full size pickup and get a $7,000 Suzuki. The $20,000 difference in price on the vehicles would allow her to obtain insurance. I am sorry I know that is none of my business I just get angry when people think insurance is a bill they can pass on paying. It is always the uninsured person that is at fault in the loss and the innocent person that ends up paying.

Answer 3

OK, here's the scoop. There are five cars, which position was she in? WORST Case scenario - in some states, the last car in is responsible for ALL the damage. IF she's the last car in, all her assets can be attached, she'll have a nasty judgement against her, and her wages can be garnished. IF your state follows the "last car in" rule. We don't know what state you're in.

Otherwise, they're going to ask the cars in front of her how many bumps they felt. You can count how many bumps, to figure out how many cars hit. If the first car feels four bumps, the guy behind him pays half, the guy behind HIM pays half, etc.

The bad news is, in most states, uninsured motorist is for bodily injury NOT damage to your car. So unless your state has uninsured physical damage, AND the people bought it, they're going to be coming after her (legally, don't worry) for their damages.

Obviously, her damages are going to be paid out of her pocket. But really, there isn't enough information to tell what she might be facing . . . but at the least, driving without insurance AND causing an accident, is going to raise any potential rates. This will be VERY damaging to her financial health, and she could have license issues.

Answer 4

If your friend was the last car she can be found liable for all damages and worst case scenario just like mbrcatz stated she can be looking at a judgement filed against her in which all her assets can be exposed, wages garnished and even driver license suspended until the judgement or judgements are satisfied. It also depends on your state law to some extent. Your friends best option would be to contact the legal aid office in your area and get some professional advice and she may possibly consider bankruptcy to handle her total financial situation which will include this unfortunate occurrence.Good Luck !!!

Answer 5

I hate to be the bearer of undesirable information yet she has criminal accountability in this loss. My expertise comes from working claims in Kansas and that's probable that your state rules are diverse. evidently from what i will examine that she is on the least to blame for the rear end harm of the automobile in front of her and maximum probable a % of the different automobiles harm. As a claims adjustor i could say going 30-35 MPH that's probable that there have been different impacts on the automobiles in front and he or she incorporates some fault. What occurs an excellent style of the time is that people will visit their very own insurance to guard the wear. The insurance companies will then go after your acquaintances insurance or her if she had none. they're going to turn her right into a set company and pursue her in courtroom. the biggest downside to no longer having insurance is that no person would be engaged on her behalf to assist her pursuits. she is going to get hosed. i wish no person makes a decision to take place with a whiplash harm. with any luck it is going to easily be the valuables harm she would be able to could reimburse. Legally there is an danger that she would be able to be became into the state and prosecuted for no insurance yet that infrequently occurs. concerning her truck, if she owes money on it and is uninsured then she is in violation of her loan (she is had to maintain finished insurance) and that they could repossess her motor vehicle in the event that they found out or they could insure it themselves and cost an outrageous value. some unsolicited suggestion… If she is so destructive that she can not arise with the money for insurance than she should not be driving a sparkling Ford finished length truck! Why would not she sell the recent finished length pickup and get a $7,000 Suzuki. The $20,000 distinction in value on the autos could enable her to acquire insurance. i'm sorry i comprehend it fairly is none of my business enterprise I purely get offended while people think of insurance is a bill they could bypass on paying. that's continually the uninsured individual who's at fault interior the loss and the harmless individual who finally ends up paying.

Answer 6

It varies by state. If you live in Kentucky, according to this article I found on Yahoo Search, your friend may be facing 90 days in jail and a $1000 fine if this is her first offense:

"David Harrington, Calloway County attorney, said car insurance has been mandated for Kentucky residents since the 1970s and failure to insure your car could lead to criminal penalties.

"It seems as though (the problem) keeps growing and growing," said Harrington.

Harrington said he deals with an average of eight to 10 insurance-related cases a week.

He said one of the reasons the problem is growing is that individuals come from other states or countries and may not know the state's requirements

Harrington said the penalty for a first insurance offense is between $500 and $1,000, 90 days in jail or both.

A second offense within five years, Harrington said, could result in up to 180 days in jail, $2,500 in fines or both.

Harrington said his recommendation to the judge in such cases usually includes a $500 fine, with $400 suspended, and 10 days in jail, which he recommends to be suspended as well."