QUESTION
Can I file a third party claim after getting rearended if I have no car insurance?
Asked on Jul 05th, 2013 on Personal Injury - Nevada
More details to this question:
I was rear ended in a parking lot at a stop sign. There's a lot of damage to the rear bumper and frame. We traded information at the scene but I found out that my insurance policy was expired and was never renewed (Which was completely my mistake). Am I still able to file a third party claim with the other driver's insurance company for damage to my car? Or am I basically screwed?
19 ANSWERS
Ronald A. Steinberg
Not in Michigan.
Answered on Jul 07th, 2013 at 8:46 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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Yes, you can bring a third party claim for your property damage and rental car as well as any medical expenses or list wages due to the collision. Civil Code Section 3333.4 only restricts claims of uninsured motorists for pain and suffering.
Answered on Jul 07th, 2013 at 8:46 PM
The lack of insurance means that you can only sue for out of pocket expenses such aw car damage, rental car costs, medical bills, wage loss, but not the physical injuries to your body.
Answered on Jul 07th, 2013 at 8:45 PM
Thomas Edward Gates
You can file a claim. If they refuse to pay, you can sue.
Answered on Jul 07th, 2013 at 8:45 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Whether or not you had insurance on your car is immaterial. If the defendant negligently rear-ended your vehicle he is liable for your damages, and his insurance company should pay for the same.
Answered on Jul 05th, 2013 at 5:32 PM
NA richard@jandjlaw.com
Yes you can (unless the accident occurred in California or another state with a law barring liability claims of injured drivers who do not have their own auto insurance).
Answered on Jul 05th, 2013 at 5:31 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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You can still make a claim against the other driver's insurer, but only for property damage, not for personal injuries, medical bills, or lost wages.
Answered on Jul 05th, 2013 at 5:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is, Is the at fault driver covered? Makes no difference if you were or were not or had asparagus for lunch.
Answered on Jul 05th, 2013 at 4:08 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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You can and you should file a claim for damages to your car against the other driver and/or their insurance company.
Answered on Jul 05th, 2013 at 4:07 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You can still make your claim. Whether you had insurance is legally irrelevant to the question of who was at fault.
Answered on Jul 05th, 2013 at 4:06 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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Yes, but you should seek advice of counsel first BC the Insurance carrier will not negotiate with you in good faith. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers.
Answered on Jul 05th, 2013 at 3:08 PM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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You can make a claim against the other party's insurance if the accident was his fault. Whether you have insurance isn't relevant to your ability to pursue a civil negligence claim if you aren't at fault.
Answered on Jul 05th, 2013 at 2:48 PM
Personal Injury Attorney serving Murrieta, CA
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Law Offices of Kevin Cortright
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Yes you can. File the claim but it is limited to your damages, you can recover for damage to your car and any medical expenses but not pain and suffering.
Answered on Jul 05th, 2013 at 11:44 AM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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You can file a claim for damage to your car. If the other driver's insurance company refuses to settle, you can sue the other driver for negligence.
Answered on Jul 05th, 2013 at 11:44 AM
James Eugene Hasser
Yes. The fact you didn't have insurance has nothing to do with the liability of the driver that hit you.
Answered on Jul 05th, 2013 at 11:39 AM
Personal Injury Attorney serving Atlanta, GA
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Singleton Law Firm, LLC
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You are not screwed and it's not a third party claim. If you were not at fault, and it sounds like you were not if you were rear-ended, then just contact the at fault party's insurance carrier and speak with the claims dept. They will ask you questions and open a claim and give you a claim number and assign a claims rep. It may take some time, but if they confirm that it was their insured's fault then they should pay to have your car repaired.
Answered on Jul 05th, 2013 at 11:34 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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You can still file a claim against the other driver. If you were not at fault, your lack of insurance should have no bearing on your claim against the other driver.
Answered on Jul 05th, 2013 at 11:34 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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You can file against the third party.
Answered on Jul 05th, 2013 at 11:08 AM
You can make a claim against the other driver and his insurance company. You may receive a citation for not having insurance, but it should not affect your rights against the other driver.
Answered on Jul 05th, 2013 at 11:03 AM