Dispute with uninsured accident, need advice

Insurance Forum Auto Insurance
1

I was hit by another driver turning into my lane, but she claims I turned into hers. There are paint scuffs on her front right tire, and my car has scratches and paint scuffs on the front and rear door panels on the left side. I admitted to her that I don’t have insurance, and she asked for $100 to not involve insurance.

My questions are:

  1. Is my explanation convincing enough for her insurance company to find her at fault?
  2. What are the chances her insurance reports me to the DMV for being uninsured?

I live in California, and the damages to her car seem minor while mine mainly involve paint transfer. Should I pay the $100 or go through with disputing this? I don’t want to pay for my repairs and the $100 if I can avoid it.

2

It sounds like your car and her car had minor contact. $100 won’t fix much of anything, especially in California.

3

This is a word-against-word situation. Don’t give her cash—it could backfire. Without clear proof, each party’s insurance typically considers their client not at fault. If you don’t have insurance, your priority should be to resolve this legally and then get coverage. Also, consider getting a dash cam to avoid future issues.

4

@Jade
Since the original poster doesn’t have insurance, the bigger concern should be getting coverage immediately. Isn’t California a pay-to-play state?

5

Ari said:
@Jade
Since the original poster doesn’t have insurance, the bigger concern should be getting coverage immediately. Isn’t California a pay-to-play state?

Pay-to-play in California usually refers to non-economic damages like pain and suffering. Without insurance, you can still pursue compensation for repairs but not for things like emotional distress.

6

Ari said:
@Jade
Since the original poster doesn’t have insurance, the bigger concern should be getting coverage immediately. Isn’t California a pay-to-play state?

Yes, under Prop 213 in California, you need valid insurance to claim pain and suffering damages. However, a dash cam would still be helpful in proving fault in future accidents.

7

Driving without insurance puts everyone at risk. Instead of focusing on how to avoid paying, take responsibility and get insured immediately.

8

Don’t pay the other driver cash. There’s nothing stopping them from taking your money and filing a claim anyway. If their insurance company decides to go after you for damages, they’ll try to negotiate a payment plan or send the debt to collections. Without an official accident report, you have little chance of proving fault.

9

You chose to drive without insurance. It’s hard to sympathize when you’re breaking the law and now trying to avoid the consequences.

10

Step one: get insurance.