I was in an accident and I was not at fault but the other driver put in a claim before me and her insurance company cashed her out? I didn't have insurance and no licence, so, I wasn't sure whether I would be in trouble so I waited to file the claim. I don't know how she figured she was not at fault when I was in the left turning lane and she was in the lane to my right going straight and decided to go left and ran into the right front bumper of my car. Her insurance paid her 4500 dollars and it was her fault. What should I do? A police officer came but did not make a report.
Do about what? The fact that she got $4500?
As to what will happen, you may get some sort of fine for driving illegally. You may get sued by that other driver or her insurance company. If you do, I guess you get to pay for your own defense attorney since you did not have insurance to assign an attorney for you.
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You were 1) in an accident but it wasn't your fault and you had 2) no auto insurance and 3) no driver's license. Here's my first impression:
I California, if you are involved in a vehicle accident that occurred in California, whether or not you were at fault or if the accident occurred on private property, each driver must report it to DMV on a form called SR-1 (Traffic Accident Report) to DMV within 10 days. if:
1) There was property damage of more than $1,000 ($750 for accidents prior to January 1, 2017) or
2) Anyone was injured (no matter how minor) or
3) Anyone was killed.
Not reporting the accident within the allotted time period by filing an SR-1 form with the DMV could lead to the suspension of your driver’s license, even if you don't have a valid license. It will be a mark on your driving record.
More importantly, you could receive a citation from the cop who came to the scene because you had no auto insurance and no license. Those charges can either be filed in criminal court or in traffic court. Seek a lawyer for the charges.
You have no recourse for her auto insurance paying the other party. They made a liability decision based on the information that they had. The other person's insurance will demand that you pay the $4,500. If you don't, they can file a lawsuit against you. This is called subrogation.
I reccomend you obtain a driver's license, and auto insurance, now. Do not drive without either of them. If you feel my response was helpful, please mark it as helpful. Thank you.
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