Accident without auto insurance?

by Mari
(Round Rock, TX)

My ex-husband asked me to let him borrow my car for a couple of hours. When he was driving the other driver in the accident (the party at fault) had my car in his blind spot and cut the lane without hesitating and hit my car. The car went into the sidewalk and hit a protection wall and my car got totaled.

At that time, my insurance just expired and I was shopping to renovate it so it had no coverage. The other driver took responsibility for the cause of the accident, he was all hungover and he hadn't slept at all. He said he didn't see my car and he was sorry. Police arrived and took the police report.

The accident happened in Texas and the other party is from Michigan. Now that I am trying to get a claim from the insurance company, they are giving me a hard time because I didn't have insurance on my car. What can I do in this case? Which laws do we follow, Texas or Michigan? Can they really deny a claim like this? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Accident without auto insurance?":

Mari (Round Rock, TX):

There is no legal reason the at-fault driver's insurance company should give you a "hard time" because you don't have insurance. From the facts you present, the other driver was clearly at-fault. As a result, his insurance should pay for the property damage to your car and for any injuries and related damage to your ex-husband.

Damages can include his medical and therapy bills, out-of-pocket expenses (for such items as medications, crutches, bandages, costs of travel to and from treatment, etc.), his lost wages (if applicable), and for his pain and suffering.

Here's a more in-depth look at everything you can claim for damages.

In most cases, insurance companies will cover their insured for an accident occurring in another state. Additionally, when an accident occurs in another state, and there's a deficit in the amount of insurance one state requires, most insurance companies will make up the difference up to the limits required in the state where the accident occurred. This presumes the insured was at-fault.

While Michigan is a no-fault insurance state, its minimum liability limits for bodily injury are $20,000 per person, up to $40,000 total per accident, and $10,000 for property damage per accident.

Texas minimum liability limits for bodily injury are $30,000 for each person, up to $60,000 per accident claim, and $25,000 for property damage per accident.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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