If you were at fault and have no collision coverage, there will be no insurance to pay for the damage to your car. You will have to pay out of your own pocket. You still need to report the claim to your insurance company as the other driver will likely make a claim against your policy.
If you are found at fault, and did not have insurance to cover your own car (collision), you will have to pay out of pocket to repair or obtain another vehicle. However, if the other driver is at fault, their insurance should compensate you for your loss. I would consult with an attorney in you area to evaluate the facts and the viability of a potential claim. Best of luck
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
If you did not have collision coverage, then the only way to get compensation for the damage to the car is if the other driver was at fault for causing the collision. You should obtain the police report to find out who is at fault under Utah's rules of the road. Based on your description, I'm concerned that your husband may be determined to be at fault unless the other driver was speeding or ran a red light, but there may be other relevant facts. You can also contact the other driver's insurance to find out its position on liability.
If the other party was at fault in causing the accident, you need to make a claim against the adverse insurance carrier. If your husband was totally at fault, he will need to pay for his own repairs.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Who did the police find was at fault? If it was your husband, you will need to talk with your insurance company. But if it is the other driver, you should call a personal injury attorney for a free consultation.
If you husband was at fault, then he will have to pay to fix his own car. The other drive will likely file a claim and the other driver will have a claim against him and your liability will pay for his damages.
If the other driver was at fault, then you have a claim against the other drivers liability insurance.
If you are unclear on the difference between the different types of insurance coverage, I have a blog post explaining the difference:
I am not licensed in UT, but the basic info will be the same. Best of Luck
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com