Legal Question in Traffic Law in Pennsylvania

wife had a small non reportable auto accident, no police report. at time of accident insurance had lapsed. she is now insured. can she tell the other party to submit claim to insurance company or must she pay out of pocket. there is no report or record of the date of the incident. Just don't know what to do.


Asked on 9/23/11, 7:28 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

If her insurance had lapsed at the time of the accident, her insurance company will not get involved. If she tells the other party to submit the claim to her insurance company, when she knows she had no coverage at the time of the accident, she could further add to her troubles. The issue is whether or not the other driver was hurt. If so, his insurance company is generally responsible for the first $5,000 in medical bills. If the other driver had uninsurance coverage, he can recover his damages from his own insurance company. She should tell the other driver the truth. Is she is sued personally, then she might be able to work out a payment plan. Further, since you are married, a judgment solely against your wife, should not affect assets that you own jointly by virtue of the marital relationship. Thus your household belongings and other jointly held property cannot be levied on. The only problem I see is if she owns property that is solely hers. Finally, she could get a citation for driving without insurance, but if the accident occurre a while ago, it is unlikely (but not impossible) for the police to issue a citation. Under any circumstances, you and your wife shoudl consult with a local attorney. An initial consultation is usually free, and at least she will lmpw what her options are.

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Answered on 9/23/11, 8:46 pm


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