Can I file a collision claim after an auto accident if I don't have insurance but it was not my fault? 43 Answers as of May 29, 2013

I was rear ended yesterday. I do not have a drivers license or auto insurance. I was not at fault. Can I still file an auto claim to their insurance company? I also had to be seen for neck and back pain yesterday at urgent care. Can their insurance still be liable?

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Reeves Aiken & Hightower | Arthur K. Aiken
In South Carolina, you can still pursue a personal injury claim even though you have no license and no insurance.
Answer Applies to: South Carolina
Replied: 8/10/2012
NOLAN LAW LLC | Joshua J. Nolan
Yes, you can still file a claim against the other driver's auto insurance. Your failure to maintain a driver's license or proper insurance does not automatically eliminate your claim. However, you may face criminal charges for driving without a license or insurance.
Answer Applies to: Ohio
Replied: 8/10/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
You have a personal injury issue, but the liability regarding the driver of the other vehicle may not be 100-percent because of your circumstances.
Answer Applies to: Rhode Island
Replied: 8/13/2012
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
Yes.
Answer Applies to: Georgia
Replied: 5/29/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
Yes, you can still file a claim, and yes, their insurance will still be liable for any injuries that you suffered.
Answer Applies to: South Carolina
Replied: 8/10/2012
    Tuttle and Associates | Jeffrey Brook Tuttle
    Yes.
    Answer Applies to: Washington
    Replied: 5/29/2013
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    The answer to your question about whether you can still file a claim for your injuries and damages even though you did have a driver's license or automobile insurance, is "yes you can." There may be traffic or criminal charges that you will have to deal with due to not having a driver's license or insurance. However, these items do not affect your claim against the at-fault driver or insurer.
    Answer Applies to: Nebraska
    Replied: 8/10/2012
    Alvin Lundgren | Alvin Lundgren
    You can sue the perpetrator directly.
    Answer Applies to: Utah
    Replied: 8/10/2012
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    You do not have to have insurance or a driver's license to make a claim against someone who hit you. So yes, you can file a claim.
    Answer Applies to: Virginia
    Replied: 8/10/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Michigan is a no-fault automobile insurance state. As such, you are responsible for insuring your own vehicle. There is one exception called the "mini-tort" exception. Under the mini-tort, you could claim up to $500 if you were not at fault. However, in order to use the mini-tort exception, you would have to be able to prove that you had insurance on your vehicle at the time of the accident. Under Michigan no-fault, if you do not have insurance, one penalty is you cannot use the insurance law to seek relief. Your medical claim may be another story. If you did not have insurance, then they would look to others in your home that might have insurance and if none was found there may look to the other driver's policy. Make sure the medical providers are aware that the injury was the result of an automobile accident.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Answer is certainly/ it does not matter that you don't have insurance. If the other party is clearly at fault you can pursue personal injury and property damage claims.
    Answer Applies to: North Carolina
    Replied: 8/9/2012
    Law Office of William L Spern | William Spern
    In Michigan, you insure your own car for collision damage. You can make a mini-tort claim for your damages in small claims court. Your claim is limited to $500.00 plus court costs.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Oh, dude, you are screwed!! First, without a license, you should not have been driving. Second, to report the accident, you give the police a perfect reason to arrest you for driving without a license. Third, the law says that if you do not have insurance, you cannot make a claim for ANYTHING. That means, you have to pay your medical and other expenses yourself, and that you cannot sue the other driver/owner no matter what. That is the law.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Brian Wendler | Brian Wendler
    The short answer is yes, you can pursue the claim for your injuries. While your lack of insurance and lack of drivers license may be improper, from what you describe such appears irrelevant to your claim for personal injuries. It is likely a judge would prohibit the lawyer for the defense of the case from mentioning your lack of license and lack of insurance to the jury. The insurance carrier for the other driver can and should be liable for your injuries. If you have not yet spoken with the insurance adjuster you should consult with a lawyer first.
    Answer Applies to: Illinois
    Replied: 8/9/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No. In fact you will be liable to their insurer for all of their damages regardless of fault. That's Michigan no fault law.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Law Offices of Konstantin D. Gurovich dba GBA LEGAL
    Law Offices of Konstantin D. Gurovich dba GBA LEGAL | Konstantin D. Gurovich, Esq.
    Yes you can and should make a claim to the insurance company of the person who hit you in the accident. In California, if you are injured in an automobile collision, and you are the driver of a car, your damages may be limited depending on whether there was insurance on the vehicle you were driving at the time of the collision. If you did not have insurance on the vehicle, you are entitled to recover only economic damages. You can?t recover non-economic damages such as pain and suffering. If you are a passenger in a vehicle that is not covered by insurance, you are entitled to economic and non-economic damages. The insurance companies passed this law in 1996 (Prop 213 ) as part of a proposition designed to save them money by depriving people, injured through no fault of their own, of recovery because of their status as uninsured motorists. You should always make sure that you have insurance on your vehicles and that any vehicle you drive is insured.
    Answer Applies to: California
    Replied: 8/9/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yep, there are multiple sources of coverage available.
    Answer Applies to: Virginia
    Replied: 8/9/2012
    Cleveland & Metz
    Cleveland & Metz | Charles Cleveland
    Yes, even though you do not have a license or auto insurance you can file a personal injury claim however it will be subject to proposition 213. Proposition 213 in California limits your recovery because you do not have insurance. You cannot collect general damages which would consist of pain-and-suffering and other forms of noneconomic damages. You can collect actual damages such as medical bills and property damage to your vehicle.
    Answer Applies to: California
    Replied: 8/9/2012
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    Yes you still would have a valid claim. The person who caused the wreck is responsible for your damages, including medical bills, lost wages, pain and suffering as well as other damages.
    Answer Applies to: Indiana
    Replied: 8/9/2012
    Sedin Begakis & Bish | Mindy Bish
    Yes but generally you will be unable to collect pain and suffering damages.
    Answer Applies to: California
    Replied: 8/9/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    Yes , you don't need to have insurance to file a claim against the "at fault" driver for your losses. In Georgia there is a four year statute of limitations on property damage claims, the time within which you must make your claim for damages to your car. It is the other guy that should have some insurance.
    Answer Applies to: Georgia
    Replied: 8/9/2012
    Gonzalez & Cartwright, P.A.
    Gonzalez & Cartwright, P.A. | Charles Cartwright
    Yes to all. You are not filing a collision claim though. You are seeking recivery uder their Property Damage coverage.
    Answer Applies to: Florida
    Replied: 8/9/2012
    Chadwick Lawrence | Chadwick Lawrence
    Yes. Call their insurance company and report the claim. Did you get a police report or avoid the police due to lack of license.
    Answer Applies to: Florida
    Replied: 8/9/2012
    Gary L. Platt, Attorney at Law | Gary Platt
    Under the current law, if you are not insured and are involved in an accident, even if it is not your fault, you can file a claim for "economic damages" only. Economic damages are out-of-pocket damages which might include medical bills and damages to your car, but NOT pain and suffering.
    Answer Applies to: California
    Replied: 8/9/2012
    Ezim Law Firm | Dean Esposito
    If the car you were driving does not have insurance, you can still fill a claim for the property damage and you bodily injuries. However, you cannot collect the first $10,000.00 of each claim. That means your property damage claim must exceed $10,000.00 in order for the other party's insurance company to pay you anything. The same holds true for your bodily injury claim.
    Answer Applies to: Louisiana
    Replied: 8/9/2012
    Downriver Injury and Auto Law | Michael Heilmann
    No, you are not in the system and cannot take advantage of it.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you may file a claim with the other party's insurance carrier; however, in Louisiana we have what is commonly referred to as the "No Pay/No Play" statute. Under this statute, anyone who is involved in an automobile accident which is not his/her fault, and in which the owner or driver doesn't maintain his/her own liability coverage, the victim is unable to recover the first $15,000 for his/her property damage or bodily injury. The at-fault person and his insurer automatically get a $15,000 credit on both PD and BI claims. There are several exceptions that exist though.
    Answer Applies to: Louisiana
    Replied: 8/9/2012
    Law Offices of David M. Blain
    Law Offices of David M. Blain | David Blain
    Yes you can file a claim with the other party's insurance company, but they will not pay on it unless they determine their driver to be at fault. Also, under California law a person injured in a car accident cannot recover non-economic damages (pain and sufferieng, etc.) if they were uninsured at the time of the accident or in violation of section 23152 or 23153 of the Vehicle Code, and were convicted of that offense.
    Answer Applies to: California
    Replied: 8/9/2012
    Law Office of Robert Mansour
    Law Office of Robert Mansour | Robert Mansour
    Yes you can. However, California's financial responsibility laws will limit you to your reasonable economic bills. You are not allowed to recover "pain and suffering" damages if you were uninsured on the date of the accident. These are known as your "general" damages. Keep in mind that if you recover from the responsible party, you may have to reimburse your health insurance company if they paid to cover your medical care.
    Answer Applies to: California
    Replied: 8/9/2012
    Gates' Law, PLLC | Thomas E. Gates
    Your criminal infractions of not having a driver's license and insurance are separate of the civil action of the auto accident. If the traffic ticket and/or facts establish that the other party was at fault, then her insurance company would be responsible for the vehicle repairs and any resulting medical claims.
    Answer Applies to: Washington
    Replied: 8/9/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    Yes, you can file a claim with the at-fault driver's insurance company whether you have insurance or not. The at-fault driver's insurance company is responsible for covering damage to your car and your medical bills related to any injuries you may have sustained as a result of the accident. This is not dependent on whether or not you have auto insurance or a drivers license.
    Answer Applies to: Arizona
    Replied: 8/9/2012
    Salladay Law Office | Lance Salladay
    You can make a claim to the other drivers insurance company of any damages you suffered.
    Answer Applies to: Idaho
    Replied: 8/9/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes. Whoever is at fault under Iowa law should be required to pay.
    Answer Applies to: Iowa
    Replied: 8/9/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In NEW JERSEY, there would be a comparative negligence issue, as to why were you driving if you did not have a license. Otherwise, I would say yes, you could sue for injuries.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Michigan is no fault and you insurances cover you. No insurance, no coverage. You might attempt to file a mini-tort for your deductible/damages, very limited (less than $500) and the court will not be impressed with you necessary admission you were driving without a license or insurance.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Gilbert & Bourke, LLP | Brian J. Bourke
    If you do not have insurance, you can still bring a claim that would cover medical expenses and damages to your car. You just cannot get general damages.
    Answer Applies to: California
    Replied: 8/9/2012
    Donaldson & Knigge, LLC
    Donaldson & Knigge, LLC | Lisa Donaldson
    I am so sorry you were in an accident. That is always distressing. If you were injured by another drivers actions you have a right to make a claim against their insurance. It may be beneficial for you to contact an attorney prior to contacting their insurance company. Many attorneys offer a free consultation and you can have an independent evaluation of your case prior to making statements to the other parties insurance company (although many adjustors are friendly, it is in their best interest to deny or minimize your claim).
    Answer Applies to: Washington
    Replied: 8/9/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. But your recovery may be limited by law depending what state you live in.
    Answer Applies to: Texas
    Replied: 8/9/2012
    Brankey & Smith, P.C. | Rodney L. Smith
    Yes. You having no insurance has no bearing on your claim for your injuries and damage to your car.
    Answer Applies to: Illinois
    Replied: 8/9/2012
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    Yes, you can file a claim. Some state will limit your recovery, however, if you do not have insurance. Oregon, for example, limits your claim to economic damages only. So you can get all of your medical bills, car repairs, lost wages, etc, but non-economics (pain and suffering) are not recoverable.
    Answer Applies to: Oregon
    Replied: 8/9/2012
    Pivotal Law Group, PLLC
    Pivotal Law Group, PLLC | Christopher L. Thayer
    Yes, you can. The fact that you did not have a license may come up in dealing with your claim, but it will not bar your recovery. You should seek out an experienced personal injury attorney in our area to discuss your options if you were seriously injured.
    Answer Applies to: Washington
    Replied: 8/9/2012
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