Auto accident, need advice

T

TabbyKatt

New Member
Jurisdiction
Washington
5/20 I was taking a left hand turn from a stop sign. The posted speed is 50 mph. I checked both sides before making the judgment due to the posted speed and how far away the left hand side driver was coming from, I felt completely safe taking my turn. Midway through my left hand turn I see he's increasingly getting closer at a quick pace, he had to have been speeding and/or not paying attention due to him not even attempting to slow down. I didn't see him slow down at all it was a steady pace. I was 1/2-3/4s of the way into my lane when he veered over a double yellow, he hit me head on and flew over my hood, he flipped and rolled 3 times where he came to a stop in the top of his car a block and a half or 2 blocks away from where he hit me initially. There are actual tire marks on my hood. Now the real issue here is I do not have insurance, I was borrowing a car from my boyfriends cousin because my truck is out of commission. I hadn't established insurance on it yet for myself nor did he have insurance because he doesn't drive it.
 
TabbyKatt said:
Now the real issue here is I do not have insurance, I was borrowing a car from my boyfriends cousin because my truck is out of commission. I hadn't established insurance on it yet for myself nor did he have insurance because he doesn't drive it.
Click to expand...

You're about to encounter financial and legal issues.

Driving an uninsured motor vehicle isn't tolerated anywhere in the USA.

I suggest you seek legal assistance ASAP.

The awesome power of your state government will exact immense tribute from you.

If you can't AFFORD insurance, utilize Sam and Dave, your left and right foot.

The owner of the uninsured vehicle you borrowed is gonna receive a very expensive surprise.

Good luck.


Failure to pay accident damages: Financial Responsibility Law



What is the Financial Responsibility Law?


Washington's financial responsibility law requires uninsured drivers and vehicle owners to be responsible for collision damages if there is a reasonable possibility that a court will make a judgment against them. The law applies only to collisions that meet all of the following conditions:
  • There was damage to any one person's property of at least $1000, or any bodily injury.
  • A driver involved in the collision was uninsured.
  • There is a reasonable possibility that a court judgment would be filed against the uninsured driver or vehicle owner.


Why was my license suspended?


You were an uninsured driver or the owner of an uninsured vehicle that was involved in a collision that met all 3 of the conditions listed above.


How can I prevent my license from being suspended?


To prevent your license from being suspended, give us one of the following within the 60 days before the suspension goes into effect:
  • Proof that the driver or the vehicle had insurance in effect at the time of the collision.
  • A signed release from everyone involved in the collision indicating they won't hold you responsible for damages resulting from the collision.
  • A copy of a written agreement with everyone seeking reimbursement for damages. The agreement must include the settlement amount and must be signed by everyone making the agreement.
  • Proof that security in the amount of damages from the collision has been deposited. This option also requires you to give us proof of financial responsibility for the future, usually with a SR-22 Insurance Certificate.
  • A certified copy of a civil court decision showing that you weren't liable for claims.


What happens when my license is suspended?


  • You can't drive as long as your license is suspended.
  • You can't apply for a driver license or instruction permit as long as your license is suspended
  • Any Washington license or instruction permit you currently have is no longer valid. You must take it to any driver licensing office or mail it to:
  • Driver Records
    Department of Licensing
    PO Box 9030
    Olympia WA 98507-9030


What if I don't have a Washington driver license?


During this suspension:
  • You may not apply for a Washington driver license.
  • You may not drive in Washington with a license from another state or province.


How long will my license be suspended?


The suspension remains in effect for 3 years from the collision date.


Can I get a restricted license?


You may be eligible for an Occupational/Restricted License during this suspension.


Can I contest or appeal the suspension?


You may request a hearing within 20 days from the date on your suspension letter. The suspension letter we sent to you includes a form to request an appeal of the suspension. For more information, see How to request a hearing.


What will be considered during my appeal?


The Hearings Officer will consider the following:
  • Whether you were the driver or the owner of the vehicle.
  • Whether the accident resulted in property damage of more than $1000 or personal injury.
  • Whether an exception listed in RCW 46.29.080 applies.
  • Whether there is a reasonable possibility that a civil court judgment could be entered against you, and whether you have deposited enough security to satisfy such a judgment.
For more information about appealing or contesting your suspension, please see Hearings.


How can I get my license back?


You can reinstate your license at any time by complying with any of the options listed in the "How can I prevent my license from being suspended?" section above. Contact us for specific information about reinstating your license.
Note: Remember to keep your address current with us so we can notify you of any changes to your driving status. Submit a Washington Driver License/ID Card Change of Address form within 10 days of moving.

Get step-by-step instructions

There may be other issues you'll need to take care of to get your license back. To find out what you need to do, see Learn how to reinstate your license.


Related laws


RCW 46.29: Financial responsibility


Related information



Questions? Need help?


Call us: 360-902-3900 (TTY: Call 711)

Failure to pay accident damages: Financial Responsibility Law | Washington State Department of Licensing

dol.wa.gov dol.wa.gov


Mandatory insurance

It's illegal to drive a car in Washington without having liability insurance or another way to assume financial responsibility for damages. Learn what's required and how to provide proof.

Before you get started

  • If you drive your car without purchasing the required insurance, you could receive a fine of $550 or more.
  • If you're at fault in a collision and don't have insurance, your license may be suspended if you fail to pay the resulting damages and/or injuries.
If you drive a vehicle that is registered in Washington State, you must have one of the following:
​
Motor vehicle insurance
Self-insurance
Certificate of deposit
Liability bond


Exceptions


You don't need to have insurance when you operate a vehicle registered as any of the following:


Vehicles registered in another state


When you drive a vehicle in Washington that's registered in another state, you must have the type of insurance required by that state. You must be able to provide proof of this insurance to law enforcement if requested.


Related laws and rules


Vehicle registration

Mandatory insurance


Need additional help? Here's how to contact us:


call Phone: 360-902-3900

(TTY: Call 711)


Mandatory insurance | Washington State Department of Licensing

dol.wa.gov dol.wa.gov
 
TabbyKatt said:
he had to have been speeding and/or not paying attention
Click to expand...

He's going to say that he was traveling at a legal rate of speed and you pulled out suddenly in front of him. He couldn't avoid hitting you.

Given the physical aspects of the collision, whose testimony do you think will be more credible, his or yours?

In case you have any doubt, the answer is: his.
 
With no insurance in play, you're looking at potential liability for the damage to the other vehicle (up to its fair market value if that exceeds the cost of repairs), the other driver's past and future medical bills and past and future lost earnings (plus "pain and suffering").

Obviously, you contest liability. However, unless you can convince the other driver and his insurance carrier that you're right, you're likely to get sued (as is your boyfriend's cousin). Since there's no insurance, you'll have to pay all legal defense costs yourself, and those will not be reimbursed even if you win (and, as others have noted, if this is nothing more than your word against that of the other driver, the best you can probably hope for is a 50/50 assessment of liability).
 

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