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CLOSETFREAK

NJ - insured car hits uninsured car

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A woman was backing out of her driveway, rather quickly, and didn't see the other car coming down her street. The car coming down the street didn't have enough time to react, as the car backing out, slammed into the other car. The woman backing out of the driveway admitted it was her fault, she pulled out too fast and didn't see anyone coming. The police came out, took the info, and she informed the officer that she was at fault. The officer said the report would be written up as such.

Question... The car that was HIT by the car coming out of the driveway did not have insurance. The car is still being financed, however the insurance lapsed and was dropped. The husband was court ordered to pay for the insurance, but failed to find another insurance in a reasonable amount of time. The woman driving the car that was HIT, assumed she had insurance. If the other car involved had insurance, and she claimed she was at fault, is her insurance going to be held responsible for the repairs? What will happen to the person who was driving the car that was hit without the insurance? What if it's proven that her husband WAS In fact responsible for making and paying the insurance and he failed to do so? Who would be penalized and how? The accident happened 2 days ago, and they haven't heard anything from ANYONE'S insurance company as of yet.

advice?

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If the driver of the car backing out was truly at fault, then there should be no need for the driver of the car driving down the street to involve his [presently non-existent] insurance company. The insurer of the car backing out of the driveway should be responsible for repairs.

The driver with the lapsed insurance is another matter. He/she is presumably in violation of whatever state's law they're located in that mandates that a driver carry a current insurance policy. Were any citations issued?

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