What do I do after a car accident and the person that hits my car has no insurance and not did I?

3 views 8 answers
In January I got into a car accident where a lady t-boned my car. She gave me all her insurance info at the scene and we went to the police department to file a report. I was the only person to get a ticket for not having insurance. When I filed a claim with her insurance company the insurance company said her insurance was invalid due to not paying. What needs to be my next step to getting my car fixed.

Attorney Answers

8
Judy Goldstein ·
Since you do not have insurance, you are on your own and will have to hire private counsel to assist you in getting your car repaired.
0 upvotes
Konrad Sherinian ·
You need to hire a private attorney, who will likely have to file suit against the other driver, and provide notice to the insurance carrier. Just because the insurance carrier says she didn't pay does not necessarily get them off the hook. Contact an attorney ASAP. Good luck.
0 upvotes
Burton Padove ·
I agree with the other counsel. However, if your damages are not over $10,000 you may be able to file a suit in small claims court and avoid hiring an attorney as the formalities of the rules of evidence are a more relaxed.
0 upvotes
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
Honestly you have no options but to pay for repairs yourself. They had no coverage nor did you. You're stuck. That's why it's not just sensible, but the law, to be insured.
0 upvotes
Joseph Levasseur ·
First thing I would do is contact the police and have them issue her a ticket for allegedly not telling the truth about insurance. You should not be the only one paying a fine. The real question is this. Was she not being up front with the police or did she honestly believe she was covered. Not that I'm jaded or anything, but I wouldn't believe anything the insurance company told me right up front. Contact the other driver and let her know about the letter and ask her about it first and foremost. Just because she did not pay for her insurance does not mean specifically she was not covered at the time of the accident. A cancellation letter goes out but there is a timeframe that has to be met before the insurance is simply cancelled outright. They may be telling you the truth but at least investigate it until your completely satisfied. The police should investigate whether or not she was telling the truth when she told them she had insurance so it should be easy for them to get a real answer. If it's true she was not covered and she admitted fault you can go to court and and have the court order her to pay for the car to be fixed. If she did not admit fault then you have to prove your case. If you have money hire an attorney, it will be less of a headache for you to deal with than filing a court action. Good luck. Let us know what happens. Thank you.
0 upvotes
John Deprospo ·
You can try to sue the driver in small claims court. The problem will be, even if you get a judgment against the other party, you may have a very hard time collecting any money. I hope you now have insurance on your vehicle. Think about adding collision coverage.
0 upvotes
Joseph Brabender ·
If you hope to recover money from the other driver you will have to file a lawsuit, win, and successfully collect the money from her. Few attorneys are interested in property damage only auto accident cases, so you will probably have to learn how to litigate the case yourself (or pay an hourly fee to an attorney, which may not be economical). This is why it is very important to have insurance, including coverage for uninsured drivers.
0 upvotes