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No insurance but other driver at fault?
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No insurance but other driver at fault?

I was in an accident where the other driver admitted to me at the scene that he was totally at fault. He also said he was driving on a SR-22 type of license, which is for high risk drivers who have had past problems. One of his restrictions is that he can only drive to and from work. At the time of the accident he was pulling out of a convenience store parking lot. I have his insurance information. However, I do not have insurance because it lapsed for one month. He is willing to try to work out a cash payment, but I'm worried that he will not have enough cash to cover the body damage (I'm estimating $2000). What will happen if I contact his insurance and try to make a claim? Will everything get screwed up because I don't have insurance? Is there any chance my license will be suspended / revoked? How can I protect myself if I decide to go the cash route? This occurred in Ohio and both drivers are Ohio residents. Thanks!
Additional Details
Also, the car he was driving wasn't his car and isn't on his insurance policy. I have insurance now, but what would happen if I gave his insurance comany my insurance company's information?


    




entidtil
Private behind the scene deals, often fall apart. Unless you can get him to pay you in one lump sum cash ASAP I would insist that he use his insurance and take my lumps (if any are coming) for not having my own insurance. By the way, when insurance companies are involved, it doesn't matter that he admitted fault or denied fault. Insurance companies and/or police determine fault. not him, not you, not me, not anyone else.


Quicksilver82778
Your fine if you are not at fault for the accident and the other person has insurance. I wouldn't go the cash route unless he is willing to pay upfront the amount for the repair and any other dmgs if they are found when doing the repair.

Goodluck


Scott R
Rating
Lacking a police report, you will probably get screwed.

Good luck with that.


Alex
Rating
you will be in trouble if the state finds out or the dmv finds out you don't have a license. I'm not sure of the penalty, maybe a fine and suspension of the license. however if you report the claim to his insurance, whether or not you have license doesn't change the fault. if he's at fault, they should pay. however keep in mind, they may not agree he's at fault even if his driver agrees he's at fault. if they do think they're at fault, chances are they probably won't really care to find out if you have a license. however, if they get the claim and if they end up paying damages for the other guy's vehicle and decide it was your fault they may come after you, at which time you have no insurance to protect you and they can suspend your license and all that.


Kizzy
Rating
Not having insurance makes no difference with fault. Although, if you have to report it to his insurance, your information (with no insurance) is reported to the Department of Motor Vehicles due to the amount of damage.

If you go through cash process, your always taking a chance. A preliminary estimate is just that, preliminary and there could be a supplemental charge later on. What if this other person feels that it's too much to pay, you'll have no other recourse than it submit a claim on his policy.


Driving Instructor (BRAKE!)
Rating
In Calif., your insurance co. is going to file an SR1 (collision report) with the DMV. By law, anyone operating a vehicle MUST be insured. YES, your license will be suspended for "failure to provide proof of insurance."
I DO NOT ADVOCATE OR CONDONE a cash settlement (in your case) -but both parties in your collision will incur various penalties should your collision be sent in to the DMV. (I'm pretty sure Ohio is similiar.)
You may want to draw up some form of a legal document spelling out the date, time and location of the collision. From there, you'd add the vehicle descriptions and driver info.
You would also want to get employment info. for future payments.
Include agreed upon payment plan, so when you end up in court, you'll have it in writing. Good luck!


jose l
driving without insurance can have your license suspended and a fine however the case here is property damage and not bodily injury so I suggest you get a contract between you and him an 2 witnesses were he will pay you for damages after all its not that much or you can get a lawyer and file suit.


Tom C
i think that depends on what state you are in sounds like you are screwed ether way.in some states if you have an accident with out insurance and the Other driver has it there insurance company will make you pay for the damage. it's not mandatory here in new hampshire and my wife had to pay for a new door when she got into an accident and they will suspended your license here and in other states if you don't pay.





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