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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117375
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was in a car accident with no insurance which had lapsed

Customer Question

I was in a car accident with no insurance which had lapsed for 63 days. We have insurance now with no car insurance since we are borrowing a family memebers car. We are trying to recover from this but the car insurance company of the other car can come after us through subrogation. I want to know how best to move forward with that and the smartest way to deal with the other insurance company. Is there any bargaining room with them? Any benefits to getting a lawyer? Can they garnish wages? How does this typically play out?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that if you had no insurance on the car, for 1 day or 63 days and got into an accident, there is no coverage from your insurance company I am sorry to say. The other insurance company will generally pursue a judgment from court against you and the reason they will do that is because they can file the judgment with DMV and the DMV will not allow you to renew your license until the judgment is paid, it is like a lien on your license. They can also garnish your wages and also levy bank accounts in NV for this debt.
There are some benefits to getting a lawyer to at least try to negotiate some settlement of the claim for less than the full amount. If you cannot resolve the debt with the other insurer, then you could also consider filing for bankruptcy to extinguish the debt they are pursuing against you and if you get the debt extinguished by bankruptcy they cannot garnish wages or even put a lien against your license. So if your other debts are fairly high, you can consider using bankruptcy to extinguish or possibly even negotiate this debt to less.
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