Am I screwed?

Question

I am currently 4 months pregnant. I turned 21 in Oct. and didnt get my license renewed because well...i guess i was being lazy. While i was driving my boyfriend to work with my son in the backseat, i stopped for a bus (on a backroad). Kids got off the bus and the bus drivers "stop" sign was still flashing. I was behind the bus...well when i was stopped and waiting..a women came up behinde me and rear ended my car. i didnt hit the bus...my car just spun out of control and she smashed my break lights in and my trunk is smashed a bit as well. she was driving her mom and dads car with liability insurance. i on the other hand discontinued insurance on my car so was without. is there any case for me out of this or am i just simply screwed? my mom says call a lawer to see if i can get anything out of it b/c people are suposed to carry non insured cars insurance????? what do you think?
my son and i were fine, along with my boyfriend. all checked by the EMT's. my blood pressure was a bit high.

Answer 1

when rear-ended, it's always the fault of the motorist who hits you. I hope you have her insurance info.
You need to talk to the rep of this case and say that you don't want your ins co. involved at all. If they don't want to mae good on the repairs, threaten to sue them, which will cost a lot more. you'll have a check in the mail in no time. Then you can fix the tail lights and buy some damned car insurance.

Answer 2

If you listed what state this happened in I could tell you for sure, but since you didn't the general rule is that it should not matter if you were licensed or not. You were not at fault, and the person that hit you is liable.
You are only "screwed" if the person who hit you has no insurance. Uninsured motorist insurance is applicable if she was hit by someone like you who was uninsured. If she has liability insurance, which by law she must, it will cover you up to the policy limits. Anything over the limit she will have to pay out of her own pocket. The reason you are screwed if she doesnt have insurance is because there will be no practical way to collect as there is no insurance company will cut you a check and no attorney will take the case.

If her insurance company refuses to give you a reasonable settlement then yes seek out an attorney. But remember an attorney will take 1/3 of what ever you get so do the math and see if the settlement is worth fighting over.

Also, remember that you stated you were fine, and this statement made on line could be used against you if the other driver ever found out. From what you describe your damages are very low. High blood pressure is not a injury in and of itself, if it was caused by the stress of the accident it is now well over with and if it remains it is due to other causes. All in all you are entitled to the value of the car or repairs. Her insurance should be more then enough to cover you.

Answer 3

You're screwed. First of all there is no law saying that someone must carry uninsured motorist insurance even if someone does have that coverage it protects them and not the uninsured motorist. The law however clearly states that one must not drive without a VALID drivers license and at least have liability insurance. I want to add in most cases when some one rear ends another it's usually the "rearenders" fault however most states automatically put the blame on the unlicensed driver.

Answer 4

She is liable for most of the bill but her insurance will fight hard not to pay you because the car in not insured.

You are partially at fault simply because you were driving.
This is true with or without insurance.
In addition, you may have a hard time getting insurance in the future. It will be extremely expensive because of your age and driving without coverage.

You're screwed! In a case like this I will get a lawyer.

Answer 5

Check out the sites below for more research. Make sure to change the location in which you reside. The last site is an affordable way to get access to your Legal Rights and talk to an Attorney/Law Firm in your State. Watch the online movie presentation. Hope this helps.

Answer 6

Yep your screwed. Since you were driving with an expired license and without insurance you might be paying almost a thousand dollars in court fees and fines. Not to mention the insurance spike, the new cost to get your license back, and whatever else they through at you.

Answer 7

Let me get his straight....you do not have a valid license to drive, and you was driving a car that had no insurance as you had let it lapse.....none of you were injured, and you are considering paying for a lawyer to see if you can sue her? You have money for a lawyer, but you can drive a car that is anything close to being legal?.....................just take your loss and learn from it, be happy that none of you were hurt.

Answer 8

Though you should have a license and insurance, according to your story, you are not at fault. The other party should be paying to repair your car. Since she only had liability on her car, the cost of repairs to her car will have to be paid out of their pocket.

Answer 9

b/c u were rear ended and she has liability she should be able to pay for your damages and hers...that's what liability is for. you not having insurance is wrong but it has nothing to do with this accident. learned less, put your insurance just incase you would have hit someone.

Answer 10

You're screwed..,no license and no insurance..,no case.Unless you can come up with a convincing lie as to why you were driving without either one.