Today I got in a car accident, however, the situation is very unique. When I was driving, the stoplight turned green, and then the car in front of me suddenly stopped and I rear ended him, however, as we were exchanging information, I discovered his insurance was expired. If anyone has been in this sort of situation before, Do you know what the best course of action for me would be? Should I settle it without involving the insurance companies? Or should I bring insurance in?
2007-04-20 21:44:08 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
You are at fault. Fault does not hinge on someone being covered or not. You always need to leave enough room to stop safely behind the vehicle in front of you.
Even though the other vehicle was uninsured, your company will likely pay for his damages, your damages and your rates will likely be affected.
The other driver may want to let it go away, so he is not reported to the DMV for being uninsured (a hefty fine in most states), but he is entitled to file a claim against you with your own insurance company.
The only way you could not be at fault in this description, is if the driver in front of you stopped short for the sole purpose of causing the accident. Good luck trying to prove that!
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2007-04-20 23:47:52 · answer #1 · answered by brweldon81 2 · 0⤊ 0⤋
You should have contacted the police as soon as you found that his insurance was expired. hopefully you still took all of his information, policy number, insurance company name and all of his driver's license information. The majority of rear end accidents, it is usually the fault of the the person that rear ended the person in front. Since you were not able to see why the person in front had to suddenly stop, this pretty much states that you were too close. On the other hand, since his insurance was not valid, he should have not been driving any way and the accident would not have happened. It may be that his insurance is valid and just did not have the current information in his vehicle or on his person at the time. To resolve this without involving insurance companies, see about splitting the total cost of the damage done to both vehicles.
2007-04-20 22:04:37 · answer #2 · answered by Angel of Mercy 2 · 0⤊ 1⤋
I am a claims rep for an insurance company. With a rear end accident you will probably be at fault, so his insurance really does not matter. However if you truly feel your not at fault and want to try to fight the good fight her is what you can try:
1. Submit claim to his insurance company. If they do not accept liability or deny based on no coverage, ask for documentation.
2a. Submit claim to your company if you have full coverage. Allow your company to use your Collision coverage. They will then "subrogate" the other driver if they find that you are not at fault.
2b. If you do not have Collision coverage, don't bother with turning it in to your company. Instead go right to small claims court. You might be able to plead your case there.
Sounds to me like you are probably at fault though. Sudden stop is very tough to prove. I hate to tell you that the most probable way this will go is your insurance company will cover the damage to his vehicle and your if you have collision.
You can try to handle out of pocket but I highly recommend letting your insurance company handle this for you.
2007-04-21 15:01:30 · answer #3 · answered by nac7149 3 · 0⤊ 0⤋
As a claims adjuster, you would still be at fault for "following too closely".
Report it to your insurance carrier as they will advocate for you and determine whether they owe for his damages. If his insurance is expired and he does not have coverage and you are considered at fault, they will still owe for his damages.
He may have been carrying an old insurance card around as many people forget to replace them every 6 months when they come in the mail.
2007-04-21 06:15:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well, here is the deal. According to the police, this was your fault. They would cite you with something like "Failure to control speed to avoid an accident" or "Insufficient distance to avoid an accident". Something like that. If his insurance is expired, it is the equivalent of NO insurance and you could sue him if you wanted to. Having been through somethign very similar to this myself, MY advice is for you to gather the nessessary info needed to get proper compensation and settle out of court if it is possible. If not, do what you gotta do. He should have been on top of his car insurance so that it didnt lapse in the first place. Good luck.
2007-04-20 21:50:33 · answer #5 · answered by Snowflake 1 · 0⤊ 1⤋
How much damage to your car?
You are at fault no matter what the reason is for the other driver is for stopping.
Was there a police report?
Insurance companies wont touch it of there wasn't a police report.
2007-04-20 23:56:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
As you are in the wrong you should try to settle without insurance .~~
2007-04-20 23:27:39 · answer #7 · answered by burning brightly 7 · 0⤊ 0⤋
If I'm information this correct it sounds such as you had been pulling out of a car park to show left onto a freeway. The freeway is four lanes on each side. The two lanes of visitors closest to you, heading the reverse method of the way in which you had been turning stopped to assist you to pull out in entrance of them to show. The woman that hit you was once traveling within the third lane over (out of the four lanes that you simply had been crossing in entrance of to show)? If that is the case than you're at fault. The woman that hit you had the correct of method. Even despite the fact that the two lanes of visitors had been waving you on, you continue to didn't have the correct of method. It does not topic that her brakes had been going out. I have labored as an coverage agent for the beyond nine.five years & I have noticeable a number of injuries similar to this one. In they all, the individual that was once pulling out in entrance of visitors to show left was once deemed at fault. Hope this is helping.
2016-09-05 18:54:58 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I`d say go through your insurance so YOU are protected.
2007-04-20 21:52:23 · answer #9 · answered by harryb 5 · 0⤊ 0⤋
first whats the reason he stop suddenly i would base it on that ur in the wrong in court coz no matter he stop fast the court will say ii follewed him to closely but if it was me i ask him whats fair price if u dont think its fair then do the paper filling thing
2007-04-20 21:49:39 · answer #10 · answered by toshida t 2 · 0⤊ 1⤋