Expert: Richard Hixenbaugh - 8/23/2010

Question
I was in an auto accident where fault has not been decided yet. I believe it really was my fault, I turned into the left lane from the right lane on a one-way highway, in front of the other car who couldnt stop in time & hit me. We weren't going very fast as I had just started to accelerate past the traffic light and he has just pulled into the left lane from a parking lot. I had my turn signal on and checked but I didnt see him pull onto the street and when I turned in, he hit me. He was very volatile with me and so was the lady that was with him, they were calling me stupid and telling me I was just some soccer mom who doesnt know how to drive. This being my first accident ever, I was obviously upset and crying (im 26 years old).

Long story short, it turned out I did not have insurance. I just bougth a house and had talked about rolling insurances together, which I though they had been but at the time of the accident was informed they were not & I was dropped months earlier. The other driver was also written a ticket for no insurance. I am not sure if they have insurance or not but I have not received a bill or anything for their repairs.

I did get an attorney to help me when we go back to court (was granted a continuance), but the thing that scares me is that when we went to court today I saw that the other driver was walking with a limp. He had not had the limp prior and we both refused any care or hospitalization at the scene. He was driving a 1990 Suburban and I have a Jeep, there was minimal damage to his vehicle and although there was some damage to mine, the airbags didnt even go off. I took pictures of his car, there is maybe a small dent.

So, would he be able to sue me if he doesnt have insurance? Should I try to claim he was at fault as well? Can i lose my house since I didnt have insurance (I reinstated my insurance that day, as soon as I found out, went in to affect the day after)? I dont have any savings or own much, I am a single mother.

Answer
Hi Laura,

Yes they can sue you even if they don't have insurance. Yes you should try to show that they also were a cause in the accident.

Your attorney should be aware of all of this. You should be sure your attorney knows all about the accident, the insurance, the other driver lack of a limp, etc.. You attorney should be the most familiar person with your case. So if you have any further questions, you should direct them to your attorney.

I hope this helps
Richard Hixenbaugh