Well, what happens, depends WILDLY on what state you are in, and who’s ACTUALLY at fault for the loss. The woman admitting fault . . . doesn’t necessarily mean she is, although depending on what the citation is for, it could have some bearing.

Some states, the fact that your wife is uninsured, can mean that the other insurance company doesn’t pay for anything. In “no pay no play” states, there’s a range, from “we don’t have to pay ANYTHING, no injuries, no damage to your car”, to “we pay for damage to your car but no injuries” to “we pay for medical bills and damage to your car but no pain & suffering”.

Other states, no fault states, you always have to collect your medical bills under your own policy.

Worse, some states will assign fault – maybe that woman will be 80% at fault, and your wife 20% at fault – all in the opinion of the other person’s adjuster.

Without knowing what state the accident happened in, the only accurate way to find out, is to call your old agent, and ask.

***OK, that’s “good” news. West Virginia does NOT have a “no pay no play” law; the standard of fault laws are going to find her at LEAST 50% at fault for this accident, AND, WV DOES have a modified 50% contributory negligence law.

That means, your wife CANNOT be held legally responsible for any of this woman’s damages or injuries, if the woman was more than 50% at fault (and she was), AND, your wife can collect for her injuries – lost wages, medical bills, pain & suffering, services you need to hire because she can’t perform them.

Assuming that this woman has insurance, and ENOUGH insurance to cover your damages/injuries, you aren’t going to have any problems over this – rest easy. The fact that your wife was driving uninsured isn’t going to hurt your claim.