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I was in an accident and my insurance had lapsed at the time of the accident, what are my next steps?

Indianapolis, IN |

The driver of the other car ran a red light. We were doing 45 (posted speed limit) and he was doing at least 45. Roads were wet. We tried to take evasive action, but the cars still came together. The police report stated that he looked down toward his dash just before the accident. Both cars are (pretty sure) totaled. His insurance company has retained an attorney. What is my next steps?

Attorney Answers 6


  1. You still have a right to assert your claim for your damage against his liability insurer. You may need to hire an attorney of your own if the other driver asserts any claim against you. Cases of who ran the red light can be a swearing contest unless there is an independent witness. It is helpful that if the police report is favorable to you. Generally the police officer will list the driver he/she believes to be at fault as Unit 1 and this important although not necessarily conclusive. Good luck.


  2. Meet with a personal injury attorney in the area asap. The question is who was at fault. If you had insurance or not doesn't matter if the other driver was at fault. But you not having insurance can complicate things. Do not speak with the insurance company or the other attorney until you have meet with an attorney yourself. Also, realize that your driver's license will probably be suspended for your failure to have insurance.


  3. The fact that your insurance had lapsed has NOTHING to do with liability. If the other driver was found to be at-fault, you are entitled to recover the fair market value of your car. If you were injured, hire a personal injury attorney. If you get a ticket for No Insurance, buy insurance BEFORE you go to court. Most courts will dismiss the charge if you bring proof of insurance AND the accident was not your fault. If the prosecutor will not agree to dismiss the charges, hire a traffic attorney to work something out to keep this off of your driving record.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  4. Very good advice by the local IN attorneys who responded to your question - Immediately contact one of those attorney or another listed on AVVO under the tab "Find a Lawyer". I am confident that most of the attorneys will provide a free initial consultation. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  5. Meet or consult by phone with a personal injury lawyer asap. Do not under any circumstances talk with the insurance company for the other driver. Make sure that you have a copy of the police report and pictures of the scene when you talk with the lawyer.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.


  6. Your next step is to do the same...retain an attorney to resolve this.

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