Total loss car , wasn’t at fault, no insurance..

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Aug 23, 2019
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I was in a car accident I didn’t have insurance. Since I had no insurance I was put at fault for the accident. I went to court and the citation was dropped because my car was a total loss. Now I’m being sued by the other parties insurance company because I didn’t have insurance... on top of that I have towing fees,storage fees, and crushing fees...
I was never informed by my bank that the car I’m financing through them was sold to the dmv nor did anyone contact me about crushing it I’m so confused on what I need to do I’m 20 years old and I feel like life’s just over nobody knows how to solve this issue
 
Feb 16, 2018
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You should also be aware that most states will suspend your drivers license after an at-fault accident, until you make arrangements to pay for the damages. You will absolutely need an attorney. If you had insurance the insurance company would have represented you in this case.
 
Likes: jsn55
Jun 24, 2019
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It appears the car was financed. Most likely your agreement with the bank required you to have insurance. You may still owe a balance on the loan.

In California, failure to have insurance when involved in an accident is a mandatory fine ($500 to $1000) and may result in license suspension. The failure to have insurance may also affect the outcome of a lawsuit. The fact that the citation was dropped is good news.

You will get past this, and will recover.

You need an attorney.
 
Aug 23, 2019
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Why were you driving without insurance? That’s what insurance is for. Insurance covers you for exactly what you are being sued for. Were you at fault for the accident?

You need an attorney. Do you have any family that can help you?
My mother got upset and took me off I was working on getting some using the car for work purposes ... nobody is helping me or even trying to.
 
Aug 23, 2019
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You should also be aware that most states will suspend your drivers license after an at-fault accident, until you make arrangements to pay for the damages. You will absolutely need an attorney. If you had insurance the insurance company would have represented you in this case.
License is already suspended due to a warning I got 4 days prior to accident and I lost the paperwork in the car accident regarding that warning from the officer and I waited too late to pay it so I owe late fees license is suspended until I pay it
 
Aug 23, 2019
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It appears the car was financed. Most likely your agreement with the bank required you to have insurance. You may still owe a balance on the loan.

In California, failure to have insurance when involved in an accident is a mandatory fine ($500 to $1000) and may result in license suspension. The failure to have insurance may also affect the outcome of a lawsuit. The fact that the citation was dropped is good news.

You will get past this, and will recover.

You need an attorney.
I know I need an attorney but idk what kind of attorney nor do I know what I’m going against the other party for she’s suing me for total loss on my car.
 
Jan 11, 2019
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My son-in-law was driving his motorcycle on the way to work 2 months ago, a woman turned left in front of him turning into her driveway and he crashed. She left him there and went into her house. Luckily a nurse was behind him and called 911 and helped him. His toes were crushed and required metal rods. His pelvis was fractured. He is still not able to work...she had NO insurance. She's a single woman with 2 kids and she works, but no money or assets. Now my daughter and son-in-law have huge doctor and hospital bills. I think she should have her wages garnished, but who knows. I hate to say it OP but I have little sympathy for people with no car insurance. You can get liability pretty cheaply. No excuses.
My oldest son while attending college and working full-time let his insurance lapse, a man pulled up next to him in a parking lot, my son didn't see him and accidentally nicked his car. My son had to pay a fine, and $2000 for the small scrape, but he learned his lesson. I have no advice except eventually you'll figure it out. I hope your parents or a trusted adult can help you navigate what is going to be a difficult situation. Even if they sue, if you have no assets they'll get nothing anyway unfortunately.
 
Jan 11, 2019
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I was in a car accident I didn’t have insurance. Since I had no insurance I was put at fault for the accident. I went to court and the citation was dropped because my car was a total loss. Now I’m being sued by the other parties insurance company because I didn’t have insurance... on top of that I have towing fees,storage fees, and crushing fees...
I was never informed by my bank that the car I’m financing through them was sold to the dmv nor did anyone contact me about crushing it I’m so confused on what I need to do I’m 20 years old and I feel like life’s just over nobody knows how to solve this issue
First, it doesn't work that way. Just because you didn't have car insurance doesn't put you automatically at fault. Did you get the police report? Don't let the insurance company bully you. I'm not sure I understand what you mean about your car, but you still owe the bank money if you have a loan. Gosh, I can't stress insurance enough. I doubt they'll come after you except you'll get your license suspended if you don't pay the NO insurance fine.
 

AMA

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Dec 11, 2014
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Don't all states require insurance before they'll register the car? How can you be driving a car around with no insurance? What state are you in?
 
Jun 24, 2019
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Generally, if you cancel insurance, it will generate something from the DMV as almost all carriers are connected these days. It might hold up license or registration renewal. In addition, as the lender is listed as a loss payee, the insurer is most likely obligated to notify the lender, who may buy "force placed" insurance to cover its risks, but not liability coverage to protect the owner/operator. (In most states the lender has no liability as the "legal owner" to third parties unless actually in possession of the car.) The lender will notify the borrower of the breach of promise to provide collision coverage to protect the lenders interest. I'm guessing that the car was beyond repair, hence OP's report that it was "sold" to the DMV. That's to issue a salvage title before it goes to the crusher. The timing here is unclear as usually a cancellation with a loss payee requires a fixed number of days of notice before it goes into effect.

Our OP reports he is already being sued by the other driver's insurer. Whatever the merits or collectability of that action, or whether our OP has his own claim arising from the accident or from his treatment by his lender, he needs a lawyer. Most Bar Associations provide a referral service. Monday morning he should be on the phone with the referral service who will be able to guide him to a lawyer skilled in this area.
 
Sep 9, 2018
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License is already suspended due to a warning I got 4 days prior to accident and I lost the paperwork in the car accident regarding that warning from the officer and I waited too late to pay it so I owe late fees license is suspended until I pay it

Was the OP driving without insurance AND had a suspended license??? Please tell me I read that incorrectly.
 

Carrie Livingston

Moderator
Staff Member
Advocate
Jan 6, 2015
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#16
We've got a big problem in Missouri with unlicensed vehicles. You have to pay sales direct to DMV and when you buy a car you get a temporary tag. Many people don't pay their sales tax to the DMV and are running around on expired temp tags. You know those people have no insurance because they don't have a licensed vehicle.
 
Apr 3, 2016
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In some states, you are automatically at fault if you are driving illegally. Since it was a suspended license and no insurance, it is probably considered driving illegally. As others have said, you probably need to contact a lawyer. If you have no money, contact your local legal aid office.
 
Jan 11, 2019
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Don't all states require insurance before they'll register the car? How can you be driving a car around with no insurance? What state are you in?
Unfortunately Mississippi doesn't. No proof of insurance required until you get pulled over and an officer asks for your proof of insurance. If you don't have insurance, they'll give you a ticket but if you buy insurance before your court date and bring proof, the court will drop the ticket.
 
Likes: jsn55
Sep 9, 2018
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Unfortunately Mississippi doesn't. No proof of insurance required until you get pulled over and an officer asks for your proof of insurance. If you don't have insurance, they'll give you a ticket but if you buy insurance before your court date and bring proof, the court will drop the ticket.
But what about the suspended license?? The OP didn't have insurance AND he was driving with a suspended license at the time of the accident. I don't understand this at all. Not having insurance is bad enough, but driving with a suspended license is, IMO, inexcusable.

I know we're here to help, but in this case, the OP never should have been on the road to begin with. He is VERY lucky he didn't seriously injure somebody.

Only an attorney can and should figure this one out.
 
Jan 11, 2019
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But what about the suspended license?? The OP didn't have insurance AND he was driving with a suspended license at the time of the accident. I don't understand this at all. Not having insurance is bad enough, but driving with a suspended license is, IMO, inexcusable.

I know we're here to help, but in this case, the OP never should have been on the road to begin with. He is VERY lucky he didn't seriously injure somebody.

Only an attorney can and should figure this one out.
Oh yeah, definitely. If your license is suspended and you get caught driving, the cops will arrest you and most likely tow your vehicle. All states are different so it's hard to give any advice. OP definitely needs a lawyer.
 
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