My car got hit by another car my ins was just cancelled her's I dont know. Help!?

Question

I just had my car for 3 mo. She ran a red light just found out my ins polocy was cancelled because the reg was under my husban's name and the ins under mine. Don't think her ins was in effect she said she missed last payment. Help

Answer 1

First, contact her insurance company to verify if she has coverage. Sometimes there is a grace period If so file a claim.

If neither of you has coverage and there are no injuries, then you are going to have to deal with her on as a civil issue.
a) Prepare a cost total for her and give it to her in writing. Give her X number of days (make it reasonable) to pay you or at least contact you and open a dialogue

b) If there is no response you will likely need to start some kind of small claims action (if under $5k in Calif - your state may be different).

Keep in mind you have an obligation to mitigate your damages. That means that you must take reasonable action to curtail your expenses (for example you can not expect to have a rental car for months and months for a repair that could be done in two weeks no matter HOW long it takes you to start the repair).

Keep everything open and above board and keep the other party advised of the actions you take to repair the vehicle (not the ones you take to sue her).

BUT...

if there was an injury accident and neither one of you is insured, you have to complete some kind of form to the DMV (an SR52 in calif.) If she does and you don't, you will receive a violation AND possibly lose your license for some period.

Answer 2

Did you report the accident to the police?
I don't know where you live. Where I live there are central reporting sites run by the police that will record the damage & estimate the repair.

Also where I live there are damages that can be claimed if the guilty party is uninsured. See if that applies where you live.

Also, where I live, your insurance carries on for 30 days after the last payment was due - a 'grace' period. Ask if you are covered under that.

Or/and - I hope you got the phone number of the person - phone her & ask her to pay for your damages herself. It's not your business whether or not she has insurance. She needs to repair your vehicle.

You will need to get at least two estimates of the damage. (If the police do it, I don't know if you need a 2nd estimate.) Body repair shops should not charge for an estimate. It's a bit of a hassle to get the estimates, though.

Sorry you're having these problems.

Answer 3

I'm very confused here. Insurance goes with the vehicle, not with the driver, so I fail to see why insurance would be canceled because of different names between registered owners and insurance cards. But, if the insurance was, for what ever reason, canceled for that car, you were driving without insurance. Who is to blame for the accident? Who ever that person is needs to make the others injured whole.

Want to add some detail to your question so we know what you're talking about?

Answer 4

I guess I'll see ya on Judge Judy tring to get the $ from whoever hit ya

Answer 5

call her insurance company pronto!
and call your insurance company, too. did they give you notice your policy was cancelled? if you're married, why would they do that? i'm confused.