Question:

I was involved in a car accident in June and I never heard from the other party nor their insurance company.

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To make a long story short I finally called the insurance company that was listed on the ticket. Turns out at the time of the accident the other party had no insurance-the policy had been canceled. What legal ramifications do I have against the other party. As they were at fault and hit me while I was parked at the stop sign. I have hospital bills that need to be paid and if their are any criminal charges that I can file I would really like to know. Thanks in advance for any and all help!

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8 ANSWERS


  1. Turn in the claim through your own insurance company.


  2. You can certainly sue the person - get an attorney - and GL

  3. Use your own insurance company for advice and to go after the guy (if it isn't too late)  Never try to handle this stuff alone.  You pay hefty premiums to your insurance company.  Use them !

  4. You need to hire a lawyer to recover your costs, but check with your insurer first as in some cases, in circumstances like this, your policy may cover your legal costs.  

  5. Question is, do you have insurance?  If so, submit a claim..get your vehicle repaired.  If you carry UM (uninsured motorist) coverage, once verified that the other party did not have insurance, you can settle for medical, pain & suffering and lost wages under your own policy without affecting it.

    You pay a premium to your carrier each month for specific coverage..yet remember, they can only assist you with the coverage you chose to pay for.

    If you don't have this type of coverage or if you don't have insurance, your only recourse is small claims.  If you get an attorney and they don't have insurance and you don't carry UM, your paying counsel for nothing.

  6. Turn in a claim against the other person's policy. They will investigate the coverage. Once that is done and they have confirmed there was no insurance in force at the time of the accident - they should send you a letter stating that. If you want to - call them and request the denial of coverage in writing.

    In the mean time - call your insurance company. Report the claim to them - tell them what happened and that the other company says there is no coverage. Give them the claim number, phone number and adjusters name for the other company. Once your company gets the letter stating that the other person did not have insurance -- they can settle with you under your own Uninsured Motorist Coverage.

    This situation is exactly what you pay premium for when you pay for Uninsured Motorist coverage.

    Once your company settles with you - they will pursue the at fault driver for re-payment. Granted, you can't get blood from a turnip - so they may or may not successful. In the mean time -- you have gotten on with your life.  

  7. You can file a small claims action, but I doubt you will ever see a dime.  If you have Uninsured Motorist coverage, use it to pay your medical expenses.  

    You can call the police, but I doubt they will do anything. They MAY issue him a citation.  

  8. Depends in part on the state, which you don't identify.  In California, for example, you can (and in fact are required to) report the accident and lack of insurance to the DMV.  My understanding is that the DMV then may suspend their drivers license unless proof of ins can be shown.



    As regard the bills, you should talk to your own ins company - if you have adequate coverage, you will usually be able to turn in your claim with them, and your insurance company will attempt to collect from the other at-fault party.

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