Insurance coverage lapsed and I was in an accident, now what?

by NB
(California)

I accidentally backed into someone at an intersection, because the car that was turning left in front of me hesitated, which caused me to panic and reverse slightly into the car behind me. I was unaware that I was out of insurance coverage at the time.

Neither car had damage and it was such a slight bump into the other person's car. She said she would not make a claim as it did nothing to either parties car.

I found out a couple days later that my insurance had lapsed and I would be an uninsured motorist in the situation. She subsequently made a claim and is now saying she was "dizzy" from the accident, even though there was no damage to her car.

What do I say? Do I make a statement to her insurance company or mine (the one with whom my coverage lapsed)? Can she sue me personally since I didn't have insurance at the time. I don't want to implicate myself at fault. I am super stressed about it. Thank You!

Visitor Question:
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ANSWER for "Insurance coverage lapsed and I was in an accident, now what?":

NB (California):

It’s not as bad as you might think. In fact, its not bad at all. Here’s why:

The accident did not result in any apparent damage to the cars. At the time of the accident the woman did not mention she sustained any injuries. At the speed you appeared to have been backing up, it is hard to believe anyone could have been injured.

At this point you have little if anything to worry about. Unless you receive a letter from an attorney notifying you he or she is seeking compensation on behalf of the woman, then this matter will fade away.

It is very unlikely the woman will be able to find an attorney to accept her case. Even the most desperate of attorneys would not accept a case where the only injury sustained was "dizziness." Moreover, you have no insurance. An attorney wouldn't go near a case like that. They want insurance money...insurance companies have "deep pockets."

Technically speaking, the woman could sue you for her car damage and personal injury. To do so, she would probably have to sue you in small claims court. That too is unlikely.

To have any chance of winning a personal injury claim against you she will have to have at least one medical narrative from a doctor stating conclusively the minor accident was the "direct and proximate cause" of her injury. What injury? Dizziness, in and of itself, is not an injury.

Take a deep breath and forget about the matter. If, in the very unlikely event you are sued, you can seek the advice of an attorney.

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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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
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