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I don't have insurance and was hit by another driver, do they have to pay for my damages
Anonymous2 views4 answers
I was hit from behind from another driver. My insurance lapsed and I was not insured. My car is consider "a total loss". Should the other party's insurance pay for any of the damage.
I'm a single mother and the quote that they gave me is worth more than the car!
If you have been hit from behind then liability for the accident rests solely with driver who was operating the vehicle that collided with you. In Connecticut, any person causing such an accident is usually issued a verbal warning or infraction for Violation of CGS 14-240 (Vehicles to be driven reasonable distance apart).
It is likely that the insurance company for the negligent party will pay for your vehicle to be repaired, however, if if the cost of repairing the vehicle exceeds its actual cash value then they will probably issue you a check for its actual cash value and take the car as salvage.
If you have been injured as a result of this accident, you should seek the assistance of a local personal injury lawyer as soon as possible. Do not make any statements to the Insurance Company, their interests are diametrically opposed to yours and they are looking for ways to mitigate their damages and reduce their insureds exposure to liability.
Hope that you are well. Good Luck.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Response is for informational purposes only. Time is of the essence. Do not delay. See a lawyer immediately.
You should definitely talk to a local personal injury attorney.
Generally, an at-fault party, and-or his or her insurer will be responsible to pay for damages to the accident victim's property, for his or her pain and suffering that resulted from the accident, and any lost wages that he or she suffered as a result of the accident.
So, if the person who rear-ended you is determined to be at fault, you will likely be able to recover for your property damage, pain and suffering, and lost wages. Note however that these amounts are subject to a reduction by any percentage of fault that you are determined to have had in causing the accident.
To maximize your chances of recovery, I would talk to a local personal injury lawyer. A competent attorney will be able to advise you on the best way to handle your claim/case.
Note that you have only one year from the date of the accident within which to file suit.
Good luck and best regards,
Michael L. Barras
[email protected]
http://www.BarrasLaw.com
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
You should immediately file a claim against the adverse driver's automobile liability insurance policy. If you have been injured yourself, you should seek medical care and treatment and speak with a personal injury attorney in your area. If this accident occurred in Louisiana, you should be aware that Louisiana has one of the shortest statute of limitations of any state in the country. You should immediately seek consultation with a Louisiana attorney.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
I hate to be the bearer of bad news but the fact that you did not have insurance means you cannot recover the first $15,000.00 of your bodily injury nor the first $25,000.00 of property damage to your vehicle.
I have to assume that the other attorneys answering this question were unaware of Louisiana's "no pay no play" law.
LSA-R.S. 32:866 (Louisiana's "no-pay, no play" statute) prohibits your recovery in those amounts in you fail to obtain appropriate insurance. Since you did not have insurance the other driver's insurance will only have to pay for bodily injury in excess of $15,000 and property damage in excess of $25,000.00.
In other words, if the damage to your car is $25,001.00, the insurance company owes you $1.00, assuming the other driver had more than minimum coverage.