QUESTION
Do they still have to pay for my damage even though I did not have insurance?
Asked on Feb 19th, 2013 on Personal Injury - Massachusetts
More details to this question:
I was rear ended two weeks ago. I have damages to my vehicle, no injuries. My insurance at the time had lapsed, and days later found out that at the time of the accident my driver’s license had been suspended for not having insurance. I have since then, paid all fines for my driver’s license to be reinstated and have insurance again. At the time of the accident, me and the other driver exchanged information. His insurance co sent out someone to get a damage estimate. Other company states they are doing a "coverage" investigation at this time. Thank you so much.
12 ANSWERS
Christian Joseph Menard
Failure to carry insurance does not prevent you from recouping your out of pocket damages, such as your vehicle damage. It only prevents you from recouping damages for pain and suffering. Since you were not injured, that is a consequence that has no affect on your case.
Answered on Feb 26th, 2013 at 7:00 PM
Ronald A. Steinberg
Under Michigan law you are screwed.
Answered on Feb 25th, 2013 at 4:15 PM
Yes, the other driver is liable for your property damages whether or not you had insurance in place at the time.
Answered on Feb 24th, 2013 at 7:09 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it is the other driver's fault, your coverage shouldn't matter. It is the other driver's coverage that matters.
Answered on Feb 24th, 2013 at 6:49 PM
Edwin K. Niles
Under Cal. Civil Code 3333.4, you can recover out-of-pocket expenses, but cannot be paid for pain and suffering (general damages). Therefore, you should seek to be paid for car damage and any medical bills and loss of earnings.
Answered on Feb 21st, 2013 at 10:02 PM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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Yes the other company must still pay for the damage to the vehicle and any other injuries you have suffered. If the other party is at fault in the accident, then the fact that you did not have insurance or a valid driver's license has no bearing on they're fault in the accident. You should consider engaging an attorney if the other company refuses to pay for the damage to your car.
Answered on Feb 21st, 2013 at 10:00 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 is irrelevant. If the defendant driver was insured, his insurance should cover it. Don't let his insurer argue to the contrary.
Answered on Feb 21st, 2013 at 9:59 PM
James Eugene Hasser
Yes. The fact you had a suspended license and no insurance is irrelevant. If the other driver is at fault, he or she is liable to you for the property damage. I dont think this is your potential problem, though. An insurance company coverage investigation is not the same as a liability investigation. Coverage has to do with whether the driver of the other car had insurance coverage at the time of the accident. There are a variety of different reasons there could be no coverage. You will just have to wait to see the outcome of their investigation. But just because there is no insurance coverage doesnt mean that the other driver is not liable. You should have been given or sent a SR 13 form. You need to fill that out and send it in to the State. If the other driver was at fault, and doesnt pay your damages, then the State may take away their license until the driver makes you whole.
Answered on Feb 21st, 2013 at 12:26 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the other driver was found to be at fault, and if they have property damage insurance, then the other drivers insurance has to pay for the damage to your car.
Answered on Feb 21st, 2013 at 12:23 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, the fact that you were uninsured and/or unlicensed does not alter their obligation to pay for damage their insured caused.
Answered on Feb 21st, 2013 at 12:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The man who causes you injury owes you (his company) doesnt matter if you have no license, no insurance or bad breath. He still owes you dont let insurance co buffalo you.
Answered on Feb 21st, 2013 at 12:22 PM
In Massachusetts, the other driver is deemed at fault and would be responsible for your damages, regardless of your personal situation. You can have trouble for not having insurance or for driving without a license, but those are issues separate and apart from the accident itself.
Answered on Feb 21st, 2013 at 12:22 PM