QUESTION
Can the other party's insurance deny my claim if I was uninsured at the time of the accident and they were at fault?
Asked on Jul 31st, 2013 on Personal Injury - California
More details to this question:
I was involved in a car accident. At the time I didn't have insurance. I didn't cause the accident. Can the other party's insurance deny my insurance claim?
8 ANSWERS
Ronald A. Steinberg
If you are in Michigan, and you knowingly are driving a car without insurance, you are not entitled to any recovery pursuant to the statute. An insurance company can, and usually will, deny a claim just to make you have to work to get whatever benefits to which you are entitled. That is the way they act, as a general rule. They are NOT your "good neighbor," and you are NOT "in good hands." Get a lawyer.
Answered on Aug 01st, 2013 at 4:48 PM
James Eugene Hasser
The fact you didn't have insurance has nothing to do with their insured's liability.
Answered on Jul 31st, 2013 at 9:11 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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Your lack of insurance should have no bearing on the at-fault party's insurance company's handling of the claim.
Answered on Jul 31st, 2013 at 1:38 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Yes up to first $10k of your claim.
Answered on Jul 31st, 2013 at 1:20 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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In California, if you did not have liability insurance on the day of the accident, you cannot recover for pain and suffering. However, you are entitled to recover for medical expenses, loss of earnings and property damage.
Answered on Jul 31st, 2013 at 1:20 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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In Louisiana, there is a statute referred to as the "No pay/no play" statute. If you are the owner or driver of an uninsured vehicle that is involved in a accident, then you are not able to recover the first $15,000 of your bodily injury claim or the first $25,000 of your property damage. There are a few exceptions to this rule. Contact an attorney to discuss your case further.
Answered on Jul 31st, 2013 at 1:20 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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In California, if you are uninsured and involved in an accident, you can make a claim for property damage (damage to your car), however, you cannot make a claim for personal injury unless the other driver was found to be driving under the influence of alcohol or drugs. If the insurance company is denying all of your claim, including property damage, you need to hire a lawyer to pursue that claim. However, if you are trying to pursue a personal injury claim and the other driver was not DUI, the insurance company can legally deny your claim.
Answered on Jul 31st, 2013 at 1:19 PM
No, but in California you can only collect for medical bills, wage loss, and property damage but not pain and suffering.
Answered on Jul 31st, 2013 at 1:19 PM