Can I file a third party claim after getting rearended if I have no car insurance? 22 Answers as of July 07, 2013

I was rear ended in a parking lot at a stop sign. There's a lot of damage to the rear bumper and frame. We traded information at the scene but I found out that my insurance policy was expired and was never renewed (Which was completely my mistake). Am I still able to file a third party claim with the other driver's insurance company for damage to my car? Or am I basically screwed?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Not in Michigan.
Answer Applies to: Michigan
Replied: 7/7/2013
Russell and Lazarus
Russell and Lazarus | Marc Lazarus
Yes, you can bring a third party claim for your property damage and rental car as well as any medical expenses or list wages due to the collision. Civil Code Section 3333.4 only restricts claims of uninsured motorists for pain and suffering.
Answer Applies to: California
Replied: 7/7/2013
Law Offices of George H. Shers | George H. Shers
The lack of insurance means that you can only sue for out of pocket expenses such aw car damage, rental car costs, medical bills, wage loss, but not the physical injuries to your body.
Answer Applies to: California
Replied: 7/7/2013
Gates' Law, PLLC | Thomas E. Gates
You can file a claim. If they refuse to pay, you can sue.
Answer Applies to: Washington
Replied: 7/7/2013
Gary L. Platt, Attorney at Law | Gary Platt
You can still make a claim against the other driver's insurer, but only for property damage, not for personal injuries, medical bills, or lost wages.
Answer Applies to: California
Replied: 7/5/2013
    Vasilaros Legal,LLC
    Vasilaros Legal,LLC | Steven T. Vasilaros
    Absolutely, other driver's fault caused your damage, not your lack of insurance.
    Answer Applies to: Florida
    Replied: 7/5/2013
    Caldwell Law Group, PLLC
    Caldwell Law Group, PLLC | Christopher Caldwell
    You can make a claim against the other party's insurance if the accident was his fault. Whether you have insurance isn't relevant to your ability to pursue a civil negligence claim if you aren't at fault.
    Answer Applies to: Idaho
    Replied: 7/5/2013
    HYP LAW GROUP | HAMED YAZDANPANAH
    Yes, but you should seek advice of counsel first BC the Insurance carrier will not negotiate with you in good faith. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers.
    Answer Applies to: California
    Replied: 7/5/2013
    Law Offices of Alexander E. Gilburg
    Law Offices of Alexander E. Gilburg | Alexander E. Gilburg
    You can and you should file a claim for damages to your car against the other driver and/or their insurance company.
    Answer Applies to: California
    Replied: 7/5/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    You can still make your claim. Whether you had insurance is legally irrelevant to the question of who was at fault.
    Answer Applies to: Texas
    Replied: 7/5/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    The question is, Is the at fault driver covered? Makes no difference if you were or were not or had asparagus for lunch.
    Answer Applies to: North Carolina
    Replied: 7/5/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Yes you can (unless the accident occurred in California or another state with a law barring liability claims of injured drivers who do not have their own auto insurance).
    Answer Applies to: Washington
    Replied: 7/5/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Whether or not you had insurance on your car is immaterial. If the defendant negligently rear-ended your vehicle he is liable for your damages, and his insurance company should pay for the same.
    Answer Applies to: Washington
    Replied: 7/5/2013
    ROBOL LAW OFFICE | RICHARD T. ROBOL
    You can file a claim for damage to your car. If the other driver's insurance company refuses to settle, you can sue the other driver for negligence.
    Answer Applies to: Ohio
    Replied: 7/5/2013
    Law Offices of Kevin Cortright
    Law Offices of Kevin Cortright | Kevin Cortright
    Yes you can. File the claim but it is limited to your damages, you can recover for damage to your car and any medical expenses but not pain and suffering.
    Answer Applies to: California
    Replied: 7/5/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes. The fact you didn't have insurance has nothing to do with the liability of the driver that hit you.
    Answer Applies to: Alabama
    Replied: 7/5/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    You can still file a claim against the other driver. If you were not at fault, your lack of insurance should have no bearing on your claim against the other driver.
    Answer Applies to: North Carolina
    Replied: 7/5/2013
    Singleton Law Firm, LLC
    Singleton Law Firm, LLC | Donald W. Singleton
    You are not screwed and it's not a third party claim. If you were not at fault, and it sounds like you were not if you were rear-ended, then just contact the at fault party's insurance carrier and speak with the claims dept. They will ask you questions and open a claim and give you a claim number and assign a claims rep. It may take some time, but if they confirm that it was their insured's fault then they should pay to have your car repaired.
    Answer Applies to: Georgia
    Replied: 7/5/2013
    Goldman & Maurer, LLP | Brian Goldman
    You can file against the third party.
    Answer Applies to: New York
    Replied: 7/5/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You obviously cannot make a claim with your own insurance company, but you can with his/her insurance company. The fact that you were not insured at the time should not affect your ability to recover. If they refuse to take care of it you can bring suit vs. the other driver directly.
    Answer Applies to: Ohio
    Replied: 7/5/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    You can file a claim.
    Answer Applies to: Illinois
    Replied: 7/5/2013
    Durham Jones & Pinegar | Erven Nelson
    You can make a claim against the other driver and his insurance company. You may receive a citation for not having insurance, but it should not affect your rights against the other driver.
    Answer Applies to: Nevada
    Replied: 7/5/2013
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