If your insurance was cancelled when you had an accident that was not your fault what will happen if you can't prove you were not at fault?

Answer

First, I would be concerned with the applicable laws in your state. If your state requires you to carry insurance and you did not have it at the time of the accident, you could be looking at fines and a license suspension, regardless of who was at fault. In my state (NJ), insurance is required. If you fail to have insurance at the time of an accident, you surrender all rights to collect against another party, EVEN IF THEY WERE 100% AT FAULT AND YOU HAVE THE WHOLE THING CAUGHT ON TAPE!! If you are in violation of any laws, scrap the idea of going to court- you won't have a leg to stand on, even though the other guy was wrong. On the other hand, if you are not in violation of the law, take your chances in court. I am not surprised that your lawyer dropped you- the less available evidence to prove the other was at fault, the less likely he is to cash in on this case. Do everything you can to prove your case right now (today!!). Take pictures of your vehicle, make a sketch of the accident, write down a description of exactly what happened being as specific as possible (time of day, whether, traffic conditions, surrounding cars, etc.), include a diagram of the road and where the vehicles impacted each other- even take pictures of the location of the accident. I would call the police and file a report as well (if you haven't already). Then, have your day in court. You don't need a lawyer- it's traffic court. Most of these judges have heard it all before, and no how to sniff out a rat. If you tell your version of event to the best of your recollection (this is where your careful detailing of the incident helps you in court), the judge will be able to determine that it was the other guy's fault. He may not assign 100% blame to the other guy, but I bet you will recover at least a little. And you'll have a legally enforceable court order to make the guy pay if the judge decides in your favor. Good luck.

Answer

It is in the hands of the department of motor vehicles or department of traffic in your state

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