you have a lot of questions, and it will be most beneficial for you to contact a lawyer to iron all out your questions. Short of answering each one, you will be best suited to think about hiring an attorney to protect your legal interests.
The above is not intended to be legal advice, but rather analysis. The proffered advice is not intended to create an attorney-client relationship.
The big question is why on earth were you driving without insurance? Didn't you know that is illegal and you put others at serious risk? If you are sued, retain a local lawyer to work out a payment plan for the damage you caused.
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There are two parts to any negligence case: (1) Liability and (2) Damages.
Liability means that you did something wrong and caused injury or damage. So if you were at fault for the accident and your negligence caused damages or injuries, then you may be held liable for those damages.
The damages portion of the lawsuit deals with the extent of the damages you caused. You can be held liable and therefor must pay for all the foreseeable damages caused by your negligence. However, this amount may also be reduced by any other party's negligence that also may have contributed to the accident.
If the other driver is agreeing to enter into a settlement release agreement then yes, definitely get it in writing.
This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.
Since you were uninsured at the time of the crash, you will be held responsible for all the damages you caused. Whatever money paid by the uninsured motorists coverage they will look to you for repayment.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Due to the complications in your case i.e. signing an agreement with the other driver, I would recommend that you consult with a local attorney to review the facts of your accident and discuss what your options are moving forward. I hope you found my answer helpful.
Scott J Corwin
(310) 207 4030
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