I was hit in the rear-end, not sure i have insurance can i still get my vehicle paid for?

I was driving down the road and a car came out of nowhere and rear-ended me. It was determined to be his fault. I am however not sure my insurance is good due to the fact I have been trying to make a payment since August and can’t get my agent to return my call. So can I still get my vehicle replaced if I have lost my insurance?

Asked on October 15, 2017 under Accident Law, Kentucky


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since you were not at fault in the accident, whether or not you had insurance is not an issue.  You would file your property damage claim (cost of repairs) to your vehicle with the at-fault party's insurance carrier.
If your vehicle is a total loss, you should receive compensation for the value of the vehicle, but most likely it won't be sufficient to pay for another car.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the  at-fault party.

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