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car accident and no insurance?

Okay so My Mom was in a car accident. When she went to report it to her insurance they said her insurance had been cancelled. She had no idea. So Now the DMV is sending her letters that she needs to provide the insurance to cover the costs of the other vehicle. She figured out why it was cancelled and fixed it that same day. So what is the DMV going to do since she didn't have insurance during the accident? Can she just pay the other drivers deductible? Is she going to be legally in trouble... She is freaking out. Like I said she didn't know her insurace had been cancelled. Apparently her account was like a quarter short so they didnt take the money. Anyway any help would be a great piece of mind for her.


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Asked by firethearson at 3:35 PM on Jul. 25, 2010 in Just for Fun

Level 18 (4,925 Credits)
Answers (10)
  • Well, she'll have to tell the other driver she didn't have insurance. They will (hopefully) have uninsured drivers' coverage and then their insurance will pay their bills. However, your mom could be sued by the other driver or the other driver's insurance company to recoup any payout they make. She could also ger her licensed suspended and could (depending on the jurisdiction) get a ticket and other fines. She needs to call the DMV and see what they need from her. And she needs to tell the other driver.

    Answer by Katt709 at 3:37 PM on Jul. 25, 2010

  • It's probably not going to be good. Depending on your state the other person probably has uninsured motorist coverage, but if the accident was ruled your Mom's fault, then the victim can and most likely will sue. The victim doesn't really have any other choice but to sue in that situation to cover what her insurance has to make-up for, her medical, time-off work, etc.

    Answer by Erin814 at 3:37 PM on Jul. 25, 2010

  • Wow, that really sucks. I would think that if she fixed the insurance the same day that DMV would be satisfied. But I'm not sure that insurance will cover the accident. She may need to check with the insurance company and ask AND maybe check with an attorney. I'm so sorry to hear that.
    My insurance lapsed one time when I was not aware of it, I don't understand how "they" can do that to you when it is mandated by law and you are obviously paying it if one little mistake happens.

    Answer by kjrn79 at 3:38 PM on Jul. 25, 2010

  • It's going to depend on your state, but most likely her license will be suspended for a few months and she'll have to pay a fine.

    Answer by NotPanicking at 3:40 PM on Jul. 25, 2010

  • We're in California. Yeah KJRN79, The insurance said they will NOT cover it since it had lapsed when she had the accident. No matter if it was an accident that it lapsed or not.

    Comment by firethearson (original poster) at 3:41 PM on Jul. 25, 2010

  • She will have to pay out-of-pocket for any damages to the other party's vehicle. There might also be legal ramifications for having driven without insurance, like her license being suspended. If she's willing and able to pay for damages, and explains the mishap to the judge, s/he might be lenient on her, but unfortunately, at this point, there's not much else to be done.

    For future reference, usually, if it's just a matter of a few days, the insurance company may cover a driver retroactively to avoid the hassle of being uninsured for that short amount of time, but when I did that, I had to sign something saying I didn't have an accident in that time frame. Since, in this case, your mother did have an accident, I don't see her insurance company being willing to do something of this nature. She could ask, though.

    Answer by Anonymum at 3:43 PM on Jul. 25, 2010

  • isn't it awesome that your mom probably paid well over $1000 this year in insurance premiums and she was short like a quarter they didn't tell her the insurance lapsed, she got in an accident still had to pay to reinstate her insurance will have to pay for the accident out of pocket, and I'm sure her insurance won't cover a thing. Sometimes i really feel like insurance companies are just a bunch of crooks. We can pay thousands of dollars to them over the course of our lifetime and never see a dime of it back. I wish your mom luck. It's so sad

    Answer by katiekruschke at 4:11 PM on Jul. 25, 2010

  • I was in a car accident and I didn't have insurance at the time. Someone pulled out right in front of me and when I slammed on the brakes I slid across the road and hit a parked car. And even though the accident wasn't my fault, the other person's car that was damaged sued me. But when it was time to appear in court, they never showed, so I didn't have to pay them anything. This was many years ago. I lost my driver's license for 3 months and I think I had to pay a fine. I guess it all depends on the state you live in. Good luck to your mom!!!

    Answer by morningglory1 at 4:19 PM on Jul. 25, 2010

  • She will also have to pay a big fine

    Answer by rkoloms at 9:34 PM on Jul. 25, 2010

  • Okay.....HOW did she not know that her Insurance was cancelled? I mean....that's phony sounding. I am constantly amazed at the posts here at CM. WOw. I get a bill each month for my Insurance. I pay it. DOesn't everyone?
    Not having Car Insurance is incredibly irresponsible . I can't believe this...... I know you will say I am "mean" and all that gosh! I have no sympathy for anyone who doesn't keep up with these things.

    Answer by Anonymous at 11:41 PM on Jul. 25, 2010

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