A car ran the red light and hit me.Honestly I had my insurance dates wrong,I didn't know my insurance canceled that night.When the police came and took my information,he didn't say anything about me not having insurance.Hours after the accident an email was sent to me saying my policy was canceled.The guy who hit me insurance came out and took pictures of my car?.
Will i still have a case
Possibly, it depends on when it was canceled and if it was canceled properly. Was the email just a cancellation notice or did it state that your policy was actually canceled? There are specific statutory rules regarding proper cancellation and we have won before that the cancellation was not done properly under the law. You would need to contact a personal injury attorney to help sort it out for you.
If your insurance was terminated starting the day after the day of the accident then you can still file a claim without having to suffer the penalty of no pay/ no play.
If you have no insurance than you forgo the first $15,000.
It is important to retain a personal injury attorney because when your insurance policy was in effect will be a major issue and likely will determine whether you receive compensation for your injuries. Insurance Policy issues can be very complicated.
Contact a personal injury attorney.
No recovery for the first $15,000 of bodily injury and no recovery for the first $25,000 of property damage. So, unless the damage to your car is more than $25,000 AND the other driver had $50,000 or more insurance, you will receive nothing for your property damage. Unless your bodily injury claim exceeds $15,000 AND the other driver had at least $25,000 in coverage, you will receive nothing for your bodily injury.
As long as it was not your fault, you can get your medical bills and car repair paid for. However, you will probably be precluded from getting any compensation for "pain and suffering", because most states now punish motorists who fail to carry insurance. Make sure you get a consultation with a personal injury lawyer in your area. Good luck!
The insurance company has to comply with certain timely legal requirements to cancel a policy for non-payment of premium. If you have not received a regularly mailed notice of cancellation and you owe premium on the policy, then pay the premium; don't think that email notice complies with the law. I recommend that you consult with an attorney.
