Question:

Uninsured not at fault?

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I'm moving to another province and I have no car insurance for a couple of days.

Wrongly, I deceided to take a chance and use the car for a ten minute.. Take care, go slow...

Stopped at the red light,, bang, a Jeep smach in my rearend and with the impact my vehicule hit the car in front of me.

My vehicule is damaged front and rear. The Jeep guy reconise he is 100% at-fault.

The police men that came gave me the guy's insurance number...

I Have his email, phone, plate Number..

Have I the right to claim his insurrance companie for all the damage to my vehicle even if I was so stupid to use my uninsured vehicule?

Thanks

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7 ANSWERS


  1. I don't know Canadian law but you may be cited for having no insurance.   You should be covered for your damages though.  Never drive without insurance !


  2. His insurance company should pay for damages.

  3. Yes. The at fault drivers carrier is responsible for compensating you for your damages. Just keep in mind that if the at fault person has low property damage policy limit (say $10k) and the damage that he caused exceeds his limit, you will be asked to mitigate your damages (file with your own carrier). As you have no insurance you will have to wait until the at fault carrier receives all the subrogation demands (demands from those parties who were able to file with their own carriers) and you will get a pro-rated settlement which may be less that the value of your vehicle or damages. You will basically have no recourse because had you had your own insurance coverage (collision coverage that is) your carrier would pay 100% of your damages less your deductible or pay the actual cash value of your vehicle and they would have accepted a pro-rated reimbursement from the at fault carrier.

  4. His insurance company is responsible to pay for the damages regardless of whether or not you have insurance, a driver's license, or are even a legal citizen.

  5. All depends on what the insurance company wants to do if they pay you or not.  In WI you can drive with no insurance legally (very stupid law in my opinion)

  6. Of course.  And his insurance may argue you shouldn't have been there.  But they will eventually pay.  Unfortunately, you will be responsible for the damage to the vehicle you were pushed into.  You were stopped too close to it, or you wouldn't have been pushed into it.

  7. I'm afraid not, even if the jeep driver was at fault it is still your problem as you are the unisured driver. You can't claim off his insurance but he does have the right to take legal action against you, as does the driver of the car in front. You haven't got a leg to stand on at all. You were also very lucky that the police didn't want your insurance documents too because they could have arrested you on the spot!

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