ANSWERS: 4
  • You could try. You would have to start by filing a claim with the other driver's insurance company. Hopefully, there was an accident report made that will help make your case that the other driver was at fault. Some ways to help make a valid case against the other driver is to obtain the police report and : Q. In a traffic accident, how can I help prove to an insurance company that the other driver was at fault? A. One place to look for support for your argument that the other driver was at fault is in the laws that govern driving in your state -- usually called the Vehicle Code. A simplified version of these laws, sometimes called "The Rules of the Road," is often available at your local department of motor vehicles office. The complete Vehicle Code is also available at many local department of motor vehicles offices, most public libraries and all law libraries; there is a law library at or near every courthouse and at all law schools. In the index at the end of the last volume of the Vehicle Code are references to many rules of the road, one or more of which might apply to your accident. A librarian may be willing to help you with your search, so don't be afraid to ask. If you believe a rule might apply to your accident, copy not only its exact wording but also the Vehicle Code section number so that you can refer to it when you negotiate a settlement of your claim. If they have no insurance or no coverage you might be out of luck. In this case your own policy would have covered liability and property damage (only if you carried collision and comprehensive on your policy for the latter) per the uninsured and/or underinsured motorist coverage. Good luck collecting from them if they had no insurance, they likely have no money to make restitution for damages caused. Most people running around with no insurance don't do it because they care to "self-insure". Those who self-insure are wealthy and can afford to pay for such damages out of pocket. The laws may be even more tricky if you live in a no-fault state: "Almost half the states have some form of no-fault auto insurance, also called personal injury protection. In general, no-fault coverage eliminates injury liability claims and lawsuits in smaller accidents in exchange for direct payment by the injured person's own insurance company of medical bills and lost wages -- up to certain dollar amounts -- regardless of who was at fault for the accident. No-fault coverage often does not apply at all to vehicle damage; those claims are still handled by filing a liability claim against the one who is responsible for the accident, or by looking to your own collision insurance." Source: http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/6B2EE6CB-05E3-4F51-A5CC59140D47D021/catID/2441E081-BCB0-4685-A469A3EBFEC2740F If you had, had a policy of your own you could have initiated the claim with your carrier and they would pay you for damages and subrogate against the other party's insurer to recover their payments to you (provided the other party is agreed to be at fault). 1. Get yourself a policy so that this doesn't happen again. If your state requires insurance, you may be subject to a fine for having none regardless of who was at fault. It's not worth the risk to drive without it anyway. Imagine if you had been at fault and were now facing having to pay for somebody elses damages. Yikes. 2. Consult an attorney if possible. If the details of the accident are sketchy or there is what is deemed contributory negligence on your part, it will be quite a fight to get compensation. 3. Start keeping a detailed file so that you are organized. Keep a copy of the accident report, any receipts for medical care, pictures of he damage to your car, damage estimates, et cetera, all in one place. If you appear to be organized and law smart (see advice about researching vehicle codes) an insurance adjuster is more likely to be receptive to your claim. Above all, don't get emotional or belligerent. . .you will be dead in the water if you can't keep your cool. Nobody wants to help somebody who is difficult to deal with. My ex-husband got whacked and his car was totaled. We made an apointment with the at fault driver's insurance company to discuss a settlement. I came armed with pictures of the car prior to the accident and they had the car in front of them for the after view. I contacted several dealerships in the area and asked what they would sell his car for on their "used lot" (I included the before photos, the mileage, and meticulously kept service records) and presented this to the adjuster. We were pleasant and organized. We came out with $1,000 more than anticipated for the car AND were granted an extremely generous time period to use a rental car at their expense to find a replacement vehicle. Everybody left happy and we squared up and were done with it in less than 2 weeks time. This is a tough one and the aw varies from state to state, so I hope this of some help :) Good luck.
  • In a lot of states not having auto insurance automaticaly puts you at fault. The reasoning is the car is illegal and should not have been on the road . so, if it werent on the road there would not have been an accident.
  • This is a complex problem and certainly depends on the legal jurisdiction in which the accident took place. There are two different events here. First, you were involved in an accident that was deemed to be another's fault. You may receive compensation from their insurance company, but it may be denied if it holding valid insurance was mandatory in the legal jurisdiction in which the accident took place. In such a case, you may be considered to be operating the vehicle illegally and this might let the insurance company off the hook. No doubt they will try. Second, you may be charged by the police for operating a vehicle without insurance if it is illegal in the jurisdiction where the accident occurred. Dumb move. If compensation is refused, the province or state in which you were injured may have an uninsured motorists fund against which you may be able to place a claim. If you can collect from such a government fund, you will be required to repay the expenses when you are able to continue working. I made a claim against such a fund when I was badly injured in a hit and run about 30 years ago. I received a settlement from the fund, but had to sign over all rights to claim recompense from the driver who hit me in the event he or she was ever located. These funds always want their money back.
  • No insurance ? The bills are yours to pay!

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