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Ohio driver, licensed, uninsured, my fault, my car totaled, other not, my car leased, what will happen next?

Cleveland, OH |

A car swirved in front of the car in front of me causing the car directly in front of me to stop suddenly, I slammed into his car and totaled out my vehicle (Pontiac Montana). My insurance expired last month and I did not renew (financial problems). The van is leased and I am still making payments, what needs to happen on my part and what needs to happen on the leasors part? If I am obligated to still pay the leasor should I ask for a car of less (much less) value to have transportation back and forth to work to make sure they continue to get paid?

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Attorney answers 2


You're at fault and without insurance, so you're going to have to eat this entire loss. It's hard to believe that the same collision that totaled your car didn't damage the car you hit, but you're lucky if that's true, and also lucky if the driver of the car you hit wasn't injured.

As for your lease, you presumably agreed to maintain insurance on the car and you didn't, and you need to review the lease to see what the parties rights are, but you're probably going to be responsible for paying the lessor the value of the car at the end of the lease, if this was a closed end lease.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


you are stuck on the lease
Lessor will file a claim with their insurance company and get paid value of car

at some point insurance company will come after you for what they paid to Lessor

in between you still owe on the lease payments and you need to find new transportation

AND the BMV will probably suspend your license for a year for not having insurance
sorry to provide all the bad news