QUESTION
I have no license and no Insurance involved in a car accident not at fault can I still file a claim against their insurance?
Asked on Feb 07th, 2013 on Personal Injury - Florida
More details to this question:
Police were called already received a ticket for no license no insurance my car was also impounded. Have not seen the Dr. yet just happened yesterday 2/6/2013 starting to have back pain.
17 ANSWERS
In Texas the party at fault has to pay for the all the damages. However, if you partially at fault, then the amount you recover is reduced by your percentage of fault. The fact that you did not have a license can come out in trial.
Answered on Feb 13th, 2013 at 6:31 PM
Ronald A. Steinberg
You can try. The worst would be that they deny the claim.
Answered on Feb 11th, 2013 at 12:15 AM
You can, but you will be limited to special damages, and will not be able to recover pain and suffering as you did not have the proper liability coverage.
Answered on Feb 10th, 2013 at 11:48 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you were injured in an auto accident and were not at fault and the defendant had insurance, you have a legitimate cause of action. His insurer is duty bound to represent him on your claims against him. His liability for your injuries does not depend upon whether or not you had a license and insurance.
Answered on Feb 08th, 2013 at 1:06 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If the other driver was at fault, your lack of insurance or a license does not bar you from recovering against the at-fault driver.
Answered on Feb 08th, 2013 at 1:06 PM
Lisa Hurtado McDonnell
Yes, you can file claim if your not at fault or less at fault then the other driver if he was insured.
Answered on Feb 07th, 2013 at 10:38 PM
In Colorado you may have a valid claim regardless of your driving or insurance status.
Answered on Feb 07th, 2013 at 4:24 PM
James Eugene Hasser
If the other person was at fault, their insurance should cover the damage and injury, regardless of whether you had a license or insurance.
Answered on Feb 07th, 2013 at 4:24 PM
Yes, you can still file a claim. A good personal injury attorney can help.
Answered on Feb 07th, 2013 at 4:24 PM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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Yes, you can and probably should file a claim against the party at fault. Many times, accident victims are able to recover for their injuries from the at fault party's insurance company. The law does not preclude initiating lawsuits simply because an individual is uninsured or under-insured. If you're in pain, I would recommend seeing a doctor and consulting an attorney.
Answered on Feb 07th, 2013 at 4:23 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes. If it is the other driver's fault, he/she would still be liable.
Answered on Feb 07th, 2013 at 4:23 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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California's Proposition 213 limits the compensation recoverable by an uninsured injured driver to only economic damages, such as medical expenses; that is, non-economic damages, such as pain & suffering, are not recoverable.
Answered on Feb 07th, 2013 at 4:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The person whose negligence caused the collision is responsible. The fact that you had no license or no insurance is irrelevant.
Answered on Feb 07th, 2013 at 4:22 PM
NA richard@jandjlaw.com
Yes, unless the accident occurred in California, or some state (other than Washington) that has a law requiring a claimant to have also been insured at the time of the accident.
Answered on Feb 07th, 2013 at 4:22 PM
Christian Joseph Menard
Not having insurance will preclude you from any entitlement to damages for pain and suffering. You would still be entitled to recoup your out of pocket expenses such as medical bills and car repair. Bear in mind that in such a lawsuit, not having a license nor insurance will not make you a sympathetic plaintiff.
Answered on Feb 07th, 2013 at 4:22 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, you can still make a claim for bodily Injury if you didn't have a license or insurance.
Answered on Feb 07th, 2013 at 4:21 PM
Elder Law Attorney serving Aventura, FL
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Elder Needs Law, PLLC
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Yes you can hold the at-fault party responsible. But they will likely be entitled to a $10,000 set off because you drove without PIP insurance.
Answered on Feb 07th, 2013 at 4:20 PM