I was in a car accident saturday night. I was rear ended by this girl I was in a complete stop due to a fire truck entering a firehouse. Now here`s the bad part I dont have insurance,and she did,but I wasnt at fault I wasnt even moving. People tell me that I should file a claim to the girl`s insurance company so they can pay for the car,since its real banged up from the back. I also that I wont get anything cause I didnt have insurance in the first place. What should I do? I live in Palos Hills, IL
2007-12-17 06:40:20 · 7 answers · asked by eddie.89_1@sbcglobal.net 1 in Cars & Transportation ➔ Insurance & Registration
I do have a police report with all her information.
2007-12-17 07:17:31 · update #1
Here is a quote from an article in the below link that should answer your question:
"An uninsured auto accident can put in a very bad spot, even if you are not the person who caused the accident! If you are in California, the "don't pay don't play" law is in effect. If you do not carry liability insurance, you cannot make a claim against the person that hit you. This includes bodily injury and property damage claims! You will be left at your own devices."
"The insurance carrier will try to deny your claim and blame you for the accident. They will put "fault" on you! If the accident is clear (you were rear ended), then the insurance company will be more reasonable; however, if the persons that hit you denies or implies that they did not caused the accident, but you did. Then the insurance company has a duty (not optional) to believe their own client and send you a denial letter. Insurance companies are bound to believe their clients, so if the other driver does not admit fault, it will be up to you to fight back. Since you do not have insurance, you will have to learn the claim process and negotiate as if you were your own insurance adjuster. You need to be ready to settle your uninsured auto accident."
See article for more info. You do have a fighting chance assuming you have the other drivers info and insurance information however the work that your insurance company would normally do for you is now into your own hands. File a claim with the other persons insurance company for your collision damages by calling up the company, make sure you have the damages assessed or done so at an inspection facility (the insurance company you call will arrange or schedule a time for you to come in to a facility if you ask and have the damage assessed for free). Hopefully if you pursue and follow up according to the recommendations in the below article, you will get at the least some sort of amount to pay for the damages...Good luck!
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...and get at least some basic level auto insurance
2007-12-17 07:16:52 · answer #1 · answered by Jeff s 4 · 0⤊ 0⤋
When you have the police report with all her information, go ahead and file a claim with her insurer. It's a shame that you don't have an insurance of your own but that shouldn't be stopping you from filing the claim. You are entitled to receive compensation for the damages you have suffered.
You are lucky that she has a policy. Now just pray that she has enough liability limit to cover all your costs. And take a lesson from it and get an insurance for yourself. You may not get this lucky next time.
2007-12-18 21:05:39 · answer #2 · answered by jennifer 1 · 0⤊ 0⤋
Since you didn't get her driver's license, name, address or insurance information, it's going to be difficult to file anything. Also, no police report (even if your car wasn't the one damaged, with no insurance, they would have to impound your car) means it's your word against hers. It does not look like your car will be repaired anytime soon.
This is why it's good to have car insurance - when you get in an accident, at least, it will be repaired and paid for.
2007-12-17 06:59:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can offer to pay for the other person's damages out of pocket, but remember, that could include a rental during repairs, and any additional damage that is discovered once they take the bumper off. Insurance companies usually do not advise it, but if the other person agrees to it, sure. If you do pay out of pocket, make sure the other person signs something saying this is final payment for the damage. Pay with a check so you have record, just incase they try to get money from your insurance company on top of that.
2016-05-24 09:17:20 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Generally, you should file the claim. Since she was at fault, it is probable that the adjustor will pay for your damages under BI/PD (Bodily Injury/Property damage coverage) which is designed to cover another person in the event of fault.
Although you should maintain insurance both for legal reasons, and for those pertaining to moral responsibility, it is not necessary in this circumstance that you be insured, since she hit you.
Call her insurer.
2007-12-17 07:31:53 · answer #5 · answered by Gregory K 4 · 0⤊ 0⤋
You should of gotten her insurance info, tag # and had a police report filed and it should of been her fault based on what you are saying.
2007-12-17 06:47:51 · answer #6 · answered by JT T 3 · 1⤊ 0⤋
How can you expect some one to pay for the damage to your car when you were not insured yourself .
when you are running without insurance you do not deserve paying out .
2007-12-17 06:48:47 · answer #7 · answered by keith p 6 · 0⤊ 1⤋