Auto insurance coverage follows the car, not the driver. If you're in a car accident without insurance coverage on the car you were driving, rest assured that you're still covered as long as you have your own auto insurance policy. Your insurance policy will be used as secondary coverage in the event that the owner of the vehicle you were driving is uninsured. A car accident will raise your insurance rates, so comparison shop with our free tool to find cheap auto insurance quotes after a car accident.
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UPDATED: Nov 12, 2020
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The following is an exported forum post from our discontinued forum. If you would like to reply to this old forum post, please post a comment below.
I got in a car accident I was at fault , I have car insurance but not on the car I was driving, what can happen to me?, the car was my car, I have a sr22bond.
Our Answer – Car Accident
This is a tough situation. If you already have SR-22 insurance, then it’s likely you have already been caught with a severe moving violation – like a DUI or multiple at-fault accidents in the past. The SR-22 insurance combined with a new at-fault accident on a vehicle without insurance will make your life very difficult.
Insurance Follows the Car, Not the Driver
First, let’s verify that the car doesn’t have insurance. Car insurance follows the vehicle – not the driver. If you were driving the vehicle and the vehicle’s owner had insurance, then the vehicle may be covered.
Meanwhile, your own car insurance may act as secondary car insurance. If driving an insured vehicle, the insured vehicle’s car insurance might be used up first. Then, your own car insurance will cover the remainder.
You Are Responsible for Paying All Damages from the Accident
You didn’t give many details in your question. However, we assume the car does not have car insurance. You say you have car insurance – just not on the vehicle you were driving at the time of the accident.
If you cause an accident and have no car insurance, then you’re still at-fault for the accident. You are still responsible for paying any damages linked to that accident, including medical expenses and vehicle repair costs.
Since you don’t have car insurance on the vehicle, you will need to pay for these expenses out of pocket. If it costs $10,000 to repair the vehicle and $35,000 in medical expenses when the other driver and passengers get taken to the hospital, then you may be required to pay $45,000.
Typically, your car insurance would cover this amount. Your car insurance – even the bare minimum liability plans required by state law – cover damages to other people and vehicles.
Since you don’t have car insurance, unfortunately, you are personally liable for paying these damages out of pocket. The other driver can also sue you to recover these damages.
The other driver might sue you to recover things like:
- Vehicle repair expenses
- Medical bills
- Ongoing therapy costs
- Pain and suffering resulting from the accident
- Loss of wages (if the other driver or passengers are unable to work)
Typically, car insurance would cover all of these expenses. Without car insurance, the other driver can sue you for all of the above damages, leaving you with enormous debt that needs to be paid.
Ultimately, there are easy ways to avoid situations like this in the future. Never drive a car without insurance. It’s illegal. It exposes you to significant financial risk. It takes just one accident to cause hundreds of thousands of dollars in damages.
We recommend you hire a lawyer immediately. You’re in a tough situation. Since you were already driving with SR-22 insurance, your insurance rates are guaranteed to go up. In fact, you might be considered so high of a risk that insurance companies will refuse to cover you. You might find car insurance unaffordable – or completely unavailable – in the future. Your license might also be suspended for anywhere from 60 days to 1 year, depending on the circumstances.
A lawyer might be able to argue that the accident wasn’t 100% your fault. There may have been extenuating circumstances – like sun in your eyes or another driver that swerved towards you and fled the scene. A lawyer may be able to weaken the case against you. However, even if you’re found not-at-fault, you may run into problems with ‘no pay, no play’ laws, where drivers without insurance cannot be awarded money from car insurance claims.
Hire a lawyer. Be prepared to pay a significant amount to the other driver, passengers, and anyone else you injured. Make sure you always have car insurance on the cars you drive in the future. Good luck – you’re in a tough situation.
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Since you were not insured at the time of the accident, the responsibility lies 100% on you. You will need to pay for whatever damages there are out of your pocket. The other party can also sue you in order to get this money.
If you already have an SR22, things are probably going to get more complicated. Your insurance rates will most likely go through the roof. I would also expect some type of license suspension.
Make sure you “lawyer up” to avoid making any further poor decisions.
Please take a look at this page for more information:
As per your statement it is your fault to drive a car which you have no insurence. It is totally belongs to you whatever damages done by you. So it is necessary to make proper sure that you have the licence which car you drive. Unless you may have to face punishment like driving licence suspension.
Just to clarify, the car you were driving was your car, not the car you hit?
If you’re going to drive multiple cars it’s important for all of them to be insured to avoid unfortunate situations like this – no one wants to lose money or their drivers licence.