Auto Insurance Claims: no insurance wreck, insurance fraud, honest conversation


Question
I recently had trouble with my primary vehicle and had to buy another.  I didn't get insurance yet because I was waiting to pay day.  Yesterday I slid in the rain and was in an accident.  They had insurance and I didn't.  I added my vehicle(which was in the accident) to my current insurance today.  I have to go to court in a few weeks.  This is my first wreck ever.  I am just wondering what will happen especially since I didn't have insurance at the time of the wreck.  Will I get sued, lose my license, put in jail, or all three?  Please help? Any advice or some guidance would be well appreciated.

Answer
This will depend on the language in your policy.  Some policies will provide coverage for an added vehicle or a replacement vehicle automatically for a set period of days after you buy it.  But there are requirements about how quickly you need to ninform the insurer of buying the car.

You need to have an honest conversation with your agent or claim rep and explain exactly what happened.  Then they can determine whether you will be covered.  Do not lie under any circumstances.  This is insurance fraud and it is a felony.  If you already lied, come clean now and they will not pursue you criminally.  Also, misrepresenting facts can void your policy and defeat the purpose of the lie, so don't do it.

If you did not have coverage at the time of the loss, you will probably receive a fine and possibly a license suspension, but not jail time.  Depends on your state law and how aggressive they are in your area.  The insurer of the other driver will subrogate against you, which means they will ask you to pay back what they paid to cover their insured's damages.  If you can work out a payment plabn, they will work with you.  They do not want to sue you because it costs them money and they probably won't get much back.  But if the damages are severe, and you cannot pay, you may need to file bankruptcy after the case resolves.