Can I file a collision claim after an auto accident if I don't have insurance but it was not my fault?

Question

I was rear ended yesterday.  I do not have a drivers license or auto insurance.  I was not at fault.  Can I still file an auto claim to their insurance company?  I also had to be seen for neck and back pain yesterday at urgent care.  Can their insurance still be liable?

Jeffrey Tuttle · Answer

Yes.

Ronald Lowry · Answer

Yes.

David Stoddard · Answer

Yes, you can still file a claim, and yes, their insurance will still be liable for any injuries that you suffered.

Jeffrey Lapin · Answer

The answer to your question about whether you can still file a claim for your injuries and damages even though you did have a driver's license or automobile insurance, is "yes you can." There may be traffic or criminal charges that you will have to deal with due to not having a driver's license or insurance. However, these items do not affect your claim against the at-fault driver or insurer.

Arthur Aiken · Answer

In South Carolina, you can still pursue a personal injury claim even though you have no license and no insurance.

Paul Samakow · Answer

You do not have to have insurance or a driver's license to make a claim against someone who hit you. So yes, you can file a claim.

Dennis P. Mikko · Answer

Michigan is a no-fault automobile insurance state.  As such, you are responsible for insuring your own vehicle.  There is one exception called the "mini-tort" exception.  Under the mini-tort, you could claim up to $500 if you were not at fault.  However, in order to use the mini-tort exception, you would have to be able to prove that you had insurance on your vehicle at the time of the accident.  Under Michigan no-fault, if you do not have insurance, one penalty is you cannot use the insurance law to seek relief.  Your medical claim may be another story.  If you did not have insurance, then they would look to others in your home that might have insurance and if none was found there may look to the other driver's policy.  Make sure the medical providers are aware that the injury was the result of an automobile accident.

Paul Whitfield · Answer

Answer is certainly/ it does not matter that you don't have insurance. If the other party is clearly at fault you can pursue personal injury and property damage claims.

William Spern · Answer

In Michigan, you insure your own car for collision damage. You can make a mini-tort claim for your damages in small claims court. Your claim is limited to $500.00 plus court costs.

Ronald A. Steinberg · Answer

Oh, dude, you are screwed!!  First, without a license, you should not have been driving.  Second, to report the accident, you give the police a perfect reason to arrest you for driving without a license.  Third, the law says that if you do not have insurance, you cannot make a claim for ANYTHING.  That means, you have to pay your medical and other expenses yourself, and that you cannot sue the other driver/owner no matter what.  That is the law.

Brian Wendler · Answer

The short answer is yes, you can pursue the claim for your injuries.  While your lack of insurance and lack of drivers license may be improper, from what you describe such appears irrelevant to your claim for personal injuries.  It is likely a judge would prohibit the lawyer for the defense of the case from mentioning your lack of license and lack of insurance to the jury.  The insurance carrier for the other driver can and should be liable for your injuries.  If you have not yet spoken with the insurance adjuster you should consult with a lawyer first.

Timothy Klisz · Answer

No. In fact you will be liable to their insurer for all of their damages regardless of fault. That's Michigan no fault law.

Konstantin Gurovich · Answer

Yes you can and should make a claim to the insurance company of the person who hit you in the accident.  In California, if you are injured in an automobile collision, and you are the driver of a car, your damages may be limited depending on whether there was insurance on the vehicle you were driving at the time of the collision. If you did not have insurance on the vehicle, you are entitled to recover only economic damages. You can?t recover non-economic damages such as pain and suffering. If you are a passenger in a vehicle that is not covered by insurance, you are entitled to economic and non-economic damages. The insurance companies passed this law in 1996 (Prop 213 ) as part of a proposition designed to save them money by depriving people, injured through no fault of their own, of recovery because of their status as uninsured motorists. You should always make sure that you have insurance on your vehicles and that any vehicle you drive is insured.

Charles Robert Cleveland Jr. · Answer

Yes, even though you do not have a license or auto insurance you can file a personal injury claim however it will be subject to proposition 213. Proposition 213 in California limits your recovery because you do not have insurance. You cannot collect general damages which would consist of pain-and-suffering and other forms of noneconomic damages. You can collect actual damages such as medical bills and property damage to your vehicle.

David Craig · Answer

Yes you still would have a valid claim.  The person who caused the wreck is responsible for your damages, including medical bills, lost wages, pain and suffering as well as other damages.

Mindy Bish · Answer

Yes but generally you will be unable to collect pain and suffering damages.

David Hibbert · Answer

Yes , you don't need to have insurance to file a claim against the "at fault" driver for your losses. In Georgia there is a four year statute of limitations on property damage claims, the time within which you must make your claim for damages to your car. It is the other guy that should have some insurance.

Charles E. Cartwright · Answer

Yes to all.  You are not filing a collision claim though.  You are seeking recivery uder their Property Damage coverage.

Chadwick Lawrence · Answer

Yes. Call their insurance company and report the claim. Did you get a police report or avoid the police due to lack of license.

Gary Platt · Answer

Under the current law, if you are not insured and are involved in  an  accident, even if it is not your fault, you can file a claim for "economic   damages" only.  Economic damages are out-of-pocket damages which might  include  medical bills and damages to your car, but NOT pain and  suffering.

Dean Esposito · Answer

If the car you were driving does not have insurance, you can still fill a claim for the property damage and you bodily injuries. However, you cannot collect the first $10,000.00 of each claim. That means your property damage claim must exceed $10,000.00 in order for the other party's insurance company to pay you anything. The same holds true for your bodily injury claim.

Michael Heilmann · Answer

No, you are not in the system and cannot take advantage of it.

Robert Lucky · Answer

Yes, you may file a claim with the other party's insurance carrier; however, in Louisiana we have what is commonly referred to as the "No Pay/No Play" statute. Under this statute, anyone who is involved in an automobile accident which is not his/her fault, and in which the owner or driver doesn't maintain his/her own liability coverage, the victim is unable to recover the first $15,000 for his/her property damage or bodily injury. The at-fault person and his insurer automatically get a $15,000 credit on both PD and BI claims. There are several exceptions that exist though.

Robert Mansour · Answer

Yes you can.  However, California's financial responsibility laws will limit you to your reasonable economic bills.  You are not allowed to recover "pain and suffering" damages if you were uninsured on the date of the accident.  These are known as your "general" damages.  Keep in mind that if you recover from the responsible party, you may have to reimburse your health insurance company if they paid to cover your medical care.

David Blain · Answer

Yes you can file a claim with the other party's insurance company, but they will not pay on it unless they determine their driver to be at fault.  Also, under California law a person injured in a car accident cannot recover non-economic damages (pain and sufferieng, etc.) if they were uninsured at the time of the accident or in violation of section 23152 or 23153 of the Vehicle Code, and were convicted of that offense.

Thomas Edward Gates · Answer

Your criminal infractions of not having a driver's license and insurance are separate of the civil action of the auto accident.  If the traffic ticket and/or facts establish that the other party was at fault, then her insurance company would be responsible for the vehicle repairs and any resulting medical claims.

Lisa Donaldson · Answer

I am so sorry you were in an accident.  That is always distressing.  If you were injured by another drivers actions you have a right to make a claim against their insurance.  It may be beneficial for you to contact an attorney prior to contacting their insurance company.  Many attorneys offer a free consultation and you can have an independent evaluation of your case prior to making statements to the other parties insurance company (although many adjustors are friendly, it is in their best interest to deny or minimize your claim).

John Brennan · Answer

Michigan is no fault and you insurances cover you. No insurance, no coverage. You might attempt to file a mini-tort for your deductible/damages, very limited (less than $500) and the court will not be impressed with you necessary admission you were driving without a license or insurance.

Brian Bourke · Answer

If you do not have insurance, you can still bring a claim that would cover medical expenses and damages to your car. You just cannot get general damages.

Phong Thanh Tran · Answer

Yes. But your recovery may be limited by law depending what state you live in.

Rodney Smith · Answer

Yes. You having no insurance has no bearing on your claim for your injuries and damage to your car.

Thomas Patton · Answer

Yes, you can file a claim. Some state will limit your recovery, however, if you do not have insurance. Oregon, for example, limits your claim to economic damages only. So you can get all of your medical bills, car repairs, lost wages, etc, but non-economics (pain and suffering) are not recoverable.

Christopher Thayer · Answer

Yes, you can. The fact that you did not have a license may come up in dealing with your claim, but it will not bar your recovery. You should seek out an experienced personal injury attorney in our area to discuss your options if you were seriously injured.

Stuart Nachbar · Answer

In NEW JERSEY, there would be a comparative negligence issue, as to why were   you driving if you did not have a license.  Otherwise, I would say yes, you   could sue for injuries.

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Can I file a collision claim after an auto accident if I don't have insurance but it was not my fault?

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