What can I do if the person who hit me doesn't have insurance? 32 Answers as of April 01, 2013

I was rear ended and the girl took total responsibility and have me her insurance info. I called them and was told her policy was cancelled last month. Now my car is totaled and since I just got it a few days ago I didn't have the correct coverage.

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Durham Jones & Pinegar | Erven Nelson
Tough situation. First, get your insurance agent to do as much as possible to help you. Also, you could sue the girl.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You may be covered anyhow, so report it to your company. You may have to sue the gal either for the full amount of damage or for the deductible. Tell the cops and let them ticket her for driving without insurance. If you were hurt, go to the doctor to make a record, then give your auto insurance notice of the injury.
Answer Applies to: Michigan
Replied: 2/27/2013
Shean Law
Shean Law | John Shean
If you do not have insurance and she does not have insurance you can ask her to pay for the repairs out of her pocket. If she won't pay, then file a lawsuit.
Answer Applies to: Indiana
Replied: 2/27/2013
Wayne J. Wimer, Inc. P.S.
Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
If the car you bought a few days ago was a replacement vehicle, and you had insurance coverage on the vehicle that was being replaced, check the language of your insurance policy because most insurance policies have a 30-day window within which to notify the insurance company and "purchase" a policy from them to cover the vehicle.
Answer Applies to: Washington
Replied: 2/26/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
If by not having the "correct coverage" means your car was not insured, or you did not have uninsured motorist coverage, then your sole remedy is to sue the responsible driver and owner of the responsible vehicle. Small claims jurisdictional limit is $10,000. So if the damage is less than $10,000, I suggest you sue both driver and owner in small claims court.. If the damages are substantially more, you can sue them in Superior Court. If you obtain a judgment, the judgment must be paid, otherwise the responsible parties will have their licenses suspended until the judgment is paid in full.
Answer Applies to: California
Replied: 2/26/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    you can sue her.
    Answer Applies to: Florida
    Replied: 2/26/2013
    Henry Lebensbaum | Henry Lebensbaum
    Your own insurance could cover it and you always have the ability to sue that person.
    Answer Applies to: Massachusetts
    Replied: 2/25/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    Do you have uninsured/underinsured motorist coverage. Ask your carrier. Feel free to call us at 213.388.7070 for a free consultation.
    Answer Applies to: California
    Replied: 2/25/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    If the girl who hit you had had valid insurance it would have potentially paid for any personal injury claim you had, if you had a serious injury or disfigurement, however it would not have paid for the property damage to your vehicle, nor for any wage loss/medical expenses. The property damage to your vehicle is paid by your own car insurance company under collision coverage. Generally if you have a not-at-fault collision, your insurer will waive your collision deductible. You do not have to purchase this coverage, but most people do. If you have any wage loss, medical expenses or need for household help, it again is your insurance company that pays for those expenses/losses under your Personal Injury Protection coverage (which is mandatory in Mi. so you would have had same if you purchased insurance). If you have a serious injury/disfigurement, then you can make a claim against your Uninsured Motorist coverage if the other car has no insurance. Like collision coverage, UM coverage, is not mandatory and you can opt to buy it or not. Your question implies that you are worried about collision coverage/property damage to your vehicle. If you didn't buy collision coverage, you can still sue the girl who hit you because she did not have insurance, and thus isn't protected from such a suit. However, there will be the question about whether she is collectible regarding paying any judgment you might obtain. You can consider suing your insurance sales person for errors and omissions if they did not tell you about what coverages were available and give you practical information so you could knowingly buy the correct/needed coverage.
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    If you had obtained the proper insurance called uninsurance, you would have been all set in situations of hit and run, stolen vehicle, or no insurance. Unfortunately, that doesn't seem to be the case here. It sounds like your only alternative is to go after the defendant personally. This is usually a waste of time, sadly, because unless the defendant has real assets to go after, you won't get a thing.
    Answer Applies to: Massachusetts
    Replied: 2/25/2013
    Law Offices of Benjamin D. Pelton | Benjamin D. Pelton
    you should have uninsured motorist coverage on your own auto policy
    Answer Applies to: Virginia
    Replied: 2/25/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You are still entitled to sue the other driver although I am guessing collection will be a huge issue. Also, when you say you didn't have the correct coverage on your own policy, I assume that means that you did not purchase UIM coverage. Please note that in the event this new car replaced another vehicle, you may still be covered under the old policy (in the event it had uninsured motorist coverage).
    Answer Applies to: Ohio
    Replied: 2/25/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your policy still may cover it. If you had a car that was insured when you bought the new one and the wreck happened within 30 days of the purchase, there should be coverage under the newly acquired vehicle provision of your old policy. Report the accident to your insurance company.
    Answer Applies to: Alabama
    Replied: 2/25/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Your only recourse it sounds like, is to sue the girl and get a judgment against her personally and go after her assets. I am curious however, when you say you did not have the correct insurance because you only bought the car a few days prior. How did that come about?
    Answer Applies to: California
    Replied: 2/25/2013
    Stephens Gourley & Bywater | David A. Stephens
    You can sue her personally for the loss or report her failure to have insurance to DMV.
    Answer Applies to: Nevada
    Replied: 2/25/2013
    James L. Daniels Attorney at Law L.L.C. | James Louis Daniels
    You need to make sure that the insurance was properly cancelled, sometimes it is not and therefore there is still coverage. Also the State will revoke their license until the damage is paid for.
    Answer Applies to: Louisiana
    Replied: 2/25/2013
    Blackburn Law, PC
    Blackburn Law, PC | Stephen E. Blackburn
    You have a couple of options. The first, and easiest, is to simply file the claim with your own insurance company if you have collision coverage. You don't mention anything about injuries, but if you suffered injury, you can also file a claim with your own insurance coverage under the uninsured motorist provision of your policy. If you did not carry insurance, or do not have collision coverage, then you'll either need to come to an agreement with the at-fault driver to pay for your damages, or sue her directly to recover for the damage to your vehicle. Depending on the amount of damage, you may be able to do this through small claims. The best and generally fastest way to recover in this type of case is through your collision and/or uninsured motorist coverage (if injured).
    Answer Applies to: Idaho
    Replied: 2/25/2013
    Robert Kubler | Robert Kubler
    You can still sue them. If they have any assets you can go after them. About the insurance it has to have been effective on the day of the accident so if she cancelled it after the accident you may still be able to get something.
    Answer Applies to: California
    Replied: 2/25/2013
    Law Office of Michael H. Joseph PLLC | Michael Joseph
    If you were injured then u can file an uninsured motorist claim with your insurance company.
    Answer Applies to: New York
    Replied: 2/25/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Well, you are saying you did not buy collision coverage. You also do not have uninsured coverage (ask your agent if you do not know) you can sue the person who hit you but fat chance that a lady who does not have insurance has the money or property to pay a judgment. Your judgment is good for 10 years so there would be a lo ng shot you might collect, but loooooong.
    Answer Applies to: North Carolina
    Replied: 2/25/2013
    Gates' Law, PLLC | Thomas E. Gates
    You may sue the other party for the value and loss of your vehicle.
    Answer Applies to: Washington
    Replied: 2/25/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You should consult an attorney.
    Answer Applies to: Illinois
    Replied: 2/25/2013
    Mike Lewis Attorneys | Mike Lewis
    You should have uninsured motorist coverage on your own policy and turn it over to them. Otherwise, you will have to sue the other driver and try to collect personally from her.
    Answer Applies to: North Carolina
    Replied: 2/25/2013
    Abrams Landau, Ltd.
    Abrams Landau, Ltd. | Douglas Landau
    This may come to be handled as an "Uninsured Motorist" claim, as you may be able to receive reimbursement for your injuries through your own (or other household members') UM/UIM coverages even if the negligent driver who struck and injured you has no liability protection.
    Answer Applies to: Virginia
    Replied: 2/25/2013
    John Russo | John Russo
    No, you just got liability because it was the cheapest way to go. The only option you have now is to sue the driver and owner of the vehicle, if they are both one individual that makes it a little easier for you, but that is you'r only recourse at this point since they had no insurance, but good luck recovering anything, at least for a long time.
    Answer Applies to: Rhode Island
    Replied: 2/25/2013
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    Your first option would be to fall back on your own insurance. You would at least have uninsured motorist coverage for any bodily injury, even if you didn't have property damage coverage (unless for some reason you waived that, which I never recommend). If you don't have the correct coverage for either property damage or bodily injury, then you second option would be to sue her personally. A final option would be to hire an attorney to review the coverage on both policies. Sometimes insurance companies deny things unjustly and you can get them to reverse that decision.
    Answer Applies to: Utah
    Replied: 2/25/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    You can sue them in court.
    Answer Applies to: California
    Replied: 2/25/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You would have had to sue her individually even if she had insurance, but you might want to contact her first and ask her if she can pay for your damage or at least enter into an agreed payment plan to reimburse you for your damages.
    Answer Applies to: Florida
    Replied: 2/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan, under not fault, you have very,very limited recovery potential. See an attorney with the details and expect to be disappoint red.
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    You will have to proceed against the driver individually and (potentially) the owner of the vehicle, if it is a different person and you can prove either familial relationship or negligent entrustment of the vehicle.
    Answer Applies to: Nevada
    Replied: 2/25/2013
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