What can I do if the person who hit me doesn't have insurance?

Question

I was rear ended and the girl took total responsibility and have me her insurance info. I called them and was told her policy was cancelled last month. Now my car is totaled and since I just got it a few days ago I didn't have the correct coverage.

Erven Nelson · Answer

Tough situation.  First, get your insurance agent to do as much as possible to help you.  Also, you could sue the girl.

Ronald A. Steinberg · Answer

You may be covered anyhow, so report it to your company.  You may have to sue the gal either for the full amount of damage or for the deductible. Tell the cops and let them ticket her for driving without insurance.  If you were hurt, go to the doctor to make a record, then give your auto insurance notice of the injury.

John Shean · Answer

If you do not have insurance and she does not have insurance you can ask her to pay for the repairs out of her pocket.  If she won't pay, then file a lawsuit.

Wayne Wimer · Answer

If the car you bought a few days ago was a replacement vehicle, and you had insurance coverage on the vehicle that was being replaced, check the language of your insurance policy because most insurance policies have a 30-day window within which to notify the insurance company and "purchase" a policy from them to cover the vehicle.

Christian Joseph Menard · Answer

If by not having the "correct coverage" means your car was not insured, or you did not have uninsured motorist coverage, then your sole remedy is to sue the responsible driver and owner of the responsible vehicle. Small claims jurisdictional limit is $10,000. So if the damage is less than $10,000, I suggest you sue both driver and owner in small claims court.. If the damages are substantially more, you can sue them in Superior Court. If you obtain a judgment, the judgment must be paid, otherwise the responsible parties will have their licenses suspended until the judgment is paid in full.

Steven A. Schwartz · Answer

If you had obtained the proper insurance called uninsurance, you would have been all set in situations of hit and run, stolen vehicle, or no insurance.  Unfortunately, that doesn't seem to be the case here. It sounds like your only alternative is to go after the defendant personally.  This is usually a waste of time, sadly, because unless the defendant has real assets to go after, you won't get a thing.

Gregory Janks · Answer

If the girl who hit you had had valid insurance it would have  potentially paid for any personal injury claim you had, if you had a  serious injury or disfigurement, however it would not have paid for the  property damage to your vehicle, nor for any wage loss/medical expenses.  The property damage to your vehicle is paid by your own car insurance  company under collision coverage. Generally if you have a not-at-fault  collision, your insurer will waive your collision deductible. You do not  have to purchase this coverage, but most people do. If you have any wage  loss, medical expenses or need for household help, it again is your  insurance company that pays for those expenses/losses under your  Personal Injury Protection coverage (which is mandatory in Mi. so you  would have had same if you purchased insurance). If you have a serious  injury/disfigurement, then you can make a claim against your Uninsured  Motorist coverage if the other car has no insurance. Like collision  coverage, UM coverage, is not mandatory and you can opt to buy it or not. Your question implies that you are worried about collision  coverage/property damage to your vehicle. If you didn't buy collision  coverage, you can still sue the girl who hit you because she did not  have insurance, and thus isn't protected from such a suit. However,  there will be the question about whether she is collectible regarding  paying any judgment you might obtain.  You can consider suing your insurance sales person for errors and  omissions if they did not tell you about what coverages were available  and give you practical information so you could knowingly buy the  correct/needed coverage.

James Eugene Hasser · Answer

Your policy still may cover it. If you had a car that was insured when you bought the new one and the wreck happened within 30 days of the purchase, there should be coverage under the newly acquired vehicle provision of your old policy. Report the accident to your insurance company.

Mark West · Answer

Your only recourse it sounds like, is to sue the girl and get a judgment against her personally and go after her assets.  I am curious however, when you say you did not have the correct insurance because you only bought the car a few days prior.  How did that come about?

Robert Allen 'Robbie' Kubler · Answer

You can still sue them. If they have any assets you can go after them. About the insurance it has to have been effective on the day of the accident so if she cancelled it after the accident you may still be able to get something.

Thomas Edward Gates · Answer

You may sue the other party for the value and loss of your vehicle.

Barry Rabovsky · Answer

You should consult an attorney.

Paul Whitfield · Answer

Well, you are saying you did not buy collision coverage. You also do not have uninsured coverage (ask your agent if you do not know) you can sue the person who hit you but fat chance that a lady who does not have insurance has the money or property to pay a judgment. Your judgment is good for 10 years so there would be a lo ng shot you might collect, but loooooong.

Douglas Landau · Answer

This may come to be handled as an "Uninsured Motorist" claim, as you may be able to receive reimbursement for your injuries through your own (or other household members') UM/UIM coverages even if the negligent driver who struck and injured you has no liability protection.

Matthew Kober · Answer

Your first option would be to fall back on your own insurance. You would at least have uninsured motorist coverage for any bodily injury, even if you didn't have property damage coverage (unless for some reason you waived that, which I never recommend).  If you don't have the correct coverage for either property damage or bodily injury, then you second option would be to sue her personally. A final option would be to hire an attorney to review the coverage on both policies. Sometimes insurance companies deny things unjustly and you can get them to reverse that decision.

Malosack Berjis-Myers · Answer

You can sue them in court.

James Kelaher · Answer

You would have had to sue her individually even if she had insurance, but you might want to contact her first and ask her if she can pay for your damage or at least enter into an agreed payment plan to reimburse you for your damages.

John Brennan · Answer

In Michigan, under not fault, you have very,very limited recovery potential.  See an attorney with the details and expect to be disappoint red.

Arman Moheban · Answer

Do you have uninsured/underinsured motorist coverage. Ask your carrier. Feel free to call us at 213.388.7070 for a free consultation.

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What can I do if the person who hit me doesn't have insurance?

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