Expert: Richard Hixenbaugh - 5/17/2010

Question
Hello,
I was recently in an auto accident. I live in Florida. The other driver was at fault and completely took responsibility for the accident. (I'm not sure if she will have the same story for her carrier but there is a witness to her admitting fault, not paying attn, texting while driving yadda yadda.) Because of this I do not have a police report as we were in aggreeance to what happened. Now, the mistake on my part..I have had a lapse in insurance and am not currently covered! I know, I know, I am a horrible person and I deserve what I get! I am wondering if since she was at fault and there is witness to prove it am I going to have trouble getting her carrier to pay for the damages to my vehicle? Do I have to tell them that I do not have coverage? Could I somehow now be responsible to pay for her damages? I should be hearing from her carrier today and I'm not sure what I should or shouldn't tell them.

Answer
Hi Tiffany, (you horrible terrible person)haha,

If the other driver was at fault, they are responsible for your damages. It does not matter that your coverage lapsed. The at-fault drivers insurance will pay for your damages. You do not need to offer that information but if they ask you a direct question then give them a direct answer.

As long as the witness is an independent witness, meaning that they were not in your car, are not a friend of yours or a relative, then you should be just fine.

Now go get some new auto insurance.

I hope this helps
Richard Hixenbaugh