I got hit me from behind in a no fault state, can I get my car fixed even if the person had no insurance?
Question Details:
Here is a synopsis of what will likely happen: Your own insurance carrier will pay for the damages to your vehicle and will charge the cost to the uninsured motorists insurance portion of your coverage. They will then pursue the damages against the other motorist directly. often this will result in a suit, then judgment. Suspension of the other motorists license is also likely if your insurer is not made whole. Not to worry because this effort from your insurance company will not involve you.
It seems counterintuitive that we should have to carry uninsured motorists insurance in a state that requires proof of insurance in order to register a vehicle here in the State of Rhode Island and Providence Plantations. . . I suppose the reasoning is for cases just like yours.
Which state did the accident occur in?
If you suffered any injuries in this accident, it would be highly recommended to consult with an attorney.
The accident occurred in MA, which is a "no-fault" state, meaning each party goes back to their own insurance carrier for purposes of medical bills and wages (Personal Injury Protection, or PIP) regardless of fault. It seems, both parties are RI residents who happened to be in an accident in MA.
The party that rear-ended the inquirer sounds like he/she is at fault and does not have insurance. The inquirer is asking whether he/she can get his/her car fixed even though MA is a "no-fault" state. The fact is, that it is a "no-fault" state in this instance really doesn't matter.
What matters is:
Does the inquirer have Collision coverage? (Coverage for damage to
his/her auto regardless of fault, subject to a deductible.)
Does the inquirer have Uninsured Motorist Property Damage (UMPD)
coverage, which would cover the damages he/she is legally entitled to
recover for damage to his/her insured auto caused by the uninsured
motorist.
If the answer to either of these is "yes", then the inquirer should be able to get his vehicle paid for by his own insurance company and let his company pursue the uninsured motorist for recovery.
Hope this response helps. Good luck.
Your insurance should still be able to cover your damages. Contact your insurance and file a claim; your insurance cannot go up if it was not your fault. The article on freeadvice.com actually will provide you great information regarding damages, monies and no-fault states.
http://insurance.freeadvice.com/information/auto/article/82
In general, in a no-fault state your own insurance will protect you but you are also limited in your ability to sue the negligent driver. Generally the limitation is your insurer will cover your economic damages up to the policy limit and you can sue the negligent driver for non-economic damages (like pain and suffering).