I just got into an accident in California at an intersection. Lights were green for me (for sure), but two cars turned -- and I hit one of them. The other car that wasn't hit said he turned because he saw the other car turn but didn't look at the lights to be sure. The car that was hit said she thought the turn arrows were blinking. We exchanged information and drove off. The police were not called.
The problem is my insurance has expired for over 60-days (over the grace period).
My question is since this is not my fault, what should I do next? Since my insurance has expired, should I just call the other party's insurance company?
Thanks
2007-03-19 09:50:44 · 8 answers · asked by Brandon W 1 in Cars & Transportation ➔ Insurance & Registration
She said the turn arrow was blinking???? Do they blink in California?
Well, as in my experience, since it's not possible to determine who had the right of way with any proof, each party will probably be stuck paying for their own repairs, unless one person admits fault. In this case, since the police were not called, you might get away without a ticket, since it won't be reported to the DMV. More than likely, the other person's insurance co will contact you with a story like.. "well, we don't have any way to know who was at fault, so let's just call it a draw".
Worse case, the driver of the other car says it's your fault, and then their insurance company begins getting deeper into it and researching to find out if you do have insurance. Also, depending upon your state laws, even if it is deemed their fault, you still might be out, as some states do not allow an uninsured motorist to collect insurance payments. I would actually try to contact the person you hit and try to get on some type of common ground as to what happened and who was responsible.
If you were SURE that you had the right of way, you could see if there were red light cameras at the intersection, and use this fact to pursuay the other person to admit fault, thereby avoiding discussion of the fact that you didn't have insurance completely. When I got hit a while back, the girl's insurance company never even inquired of my insurance, since they had no need to. It was very obvious who was at fault and they just wanted to avoid a big ol' fat lawsuit.
Good luck with this one. A lot of people get screwed in similar circumstances because of the inability to prove right of way.
2007-03-19 16:36:12 · answer #1 · answered by Patrick 3 · 0⤊ 0⤋
Well, you can get some idea of what your losses are, and contact the person's insurance company and tell them what that loss is. If that person accepts fault, they may just pay you and you can go about your business. If the other party doesn't accept fault, they may want to discuss liability with your insurance company, and at that point you would have to tell them you had none. Of course with no insurance you shouldn't have been there, and if you hadn't have been, there wouldn't have been an accident. (I'm just pointing out what the insurance company *might* say).
Kind of a judgment call on your part I guess. How much is your loss? If it's minor it might be best just to have it fixed yourself.
2007-03-19 10:07:53 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
If the other party's light was a green arrow, and yours was a green solid-they had the right-of-way. Oncoming traffic has the greater duty to yield if they have an arrow. Sounds like they will report it to their insurance, who will investigate the loss and give you a call. They'll likely take recorded statements from all involved.
If you were uninsured and found to be at fault, you will owe for the loss out of pocket.
Failure to pay if you are found at fault will result in a license suspension, so I would suggest 1. getting liability now, even though it wouldn't be applicable to this loss, and 2. calling the other person's insurance to give your statement and get to the bottom of who's at fault.
2007-03-19 13:28:59 · answer #3 · answered by Pieandchips 3 · 0⤊ 0⤋
The cold hard truth is here!
You have broken the law, and as soon as you contact any insurance company, and despite who is at fault, you will be fined and ticketed and could lose your license.
The only way you are going to salvage anything is to settle outside of the insurance agency. If your damage is more than their deductibles there is not going to be any real motivation for them to do that. As soon as the insurance company is involved they will follow California state law and you are screwed!
2007-03-19 10:06:34 · answer #4 · answered by yes_its_me 7 · 0⤊ 0⤋
The wreck is your fault, and the police should have been called. It doesn't matter that another driver did what someone else told them to do, they are responsible for driving the car from within their own car. Your lack of insurance is going to cost you your license for awhile, and not reporting the wreck could be problematic for all concerned.
2007-03-19 12:26:52 · answer #5 · answered by fisherwoman 6 · 0⤊ 0⤋
Hopefully you obtained both of the other parties names.
You could give the at-fault person a chance to pay you directly for your vehicle damages. If they don't want to do that, call their insurance company and file a claim.
2007-03-19 09:58:39 · answer #6 · answered by shmigs 3 · 0⤊ 0⤋
You better pray the other person admits fault to their insurance. You know what will happen if she says she has a green arrow? They will send the bill to you and you will have no one to defend you since you didnt have insurance. good luck.
2007-03-19 09:59:18 · answer #7 · answered by la428282 6 · 0⤊ 0⤋
Even though YOUR insurance has expired, it is still the other guy's fault, and as such, it will be on his insurance to cover you. Call his insurance company. You shouldn't even need to give your own insurance info.
2007-03-19 09:53:55 · answer #8 · answered by el w 2 · 0⤊ 1⤋