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Was rear ended, not at fault but don't have car insurance, what should I do?
Anonymous3 views3 answers
I was rear ended with my husband and daughter in vehicle. I have a valid license but no car insurance. The at fault driver has insurance. Police showed up, told me the other driver was at fault, issued him a ticket for the accident and issued me a ticket for no insurance. Me and my daughter both had to be seen at ER, I think my car is probably totaled. I started a claim with the at fault drivers insurance, but have not heard back from them yet. What should I do?
Contact a local car accident/personal injury attorney for a free consultation. The fact that you were uninsured doesn't affect your or your daughter's ability to make a claim. Since you have no insurance, you don't have the option to pursue first party benefits under your policy. Hopefully, you have health insurance to pay the medical bills so you can get the treatment you need to make a complete recovery from your injuries before trying to resolve your claim. If your daughter is under 18, any settlement would need court approval which requires the appointment of a settlement guardian ad litem. A good lawyer can explain all the details, and help you navigate through the process. Good luck!
Police officers can issue tickets. That is part of their job. However, police officers do not determine fault.
In WA, each of the drivers can be found to have some liability in a collision. In WA, a failure to have at least the statutory required insurance coverage does not impair a person's ability to sue for damages caused to the person. (The uninsured person may be separately charged with not having the required insurance.)
That your vehicle was hit from behind likely means that the other party was mostly or entirely at fault. However, there are scenarios in which the driver at the back is not at fault for hitting something in front.
You should check whether you have insurance coverage.
Your family should seek appropriate medical treatment even as all of you try to sort out liability. It likely will be several months or years before you get any payment from the other driver's insurance.
You should take pictures and videos of the damages to the vehicle and injuries to your family.
You should review your specific facts with your attorney to find out your legal options. In personal injury cases, your attorney likely would be working on a contingency basis, meaning that the attorney's fees would be coming from the money the attorney collects for you.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing.
Legal Disclaimer:
If this information has been helpful, please indicate below.
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 ensure proper advice is received.