I was rear ended. I didn’t have insurance. The at fault driver does. What happens next?

I was waiting to turn. I had my blinker on waiting for traffic to clear. Another driver who was distracted rear-ended me. My car was totaled. Since my car had been in the shop for 3 months my mom cancelled the insurance. The day of the collision I was driving my car home from the shop and she had not had a chance to restart the policy.

Asked on September 18, 2017 under Accident Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

The fact that you did not have insurance is not an issue with regard to filing a claim for property damage to your vehicle with the at-fault party's insurance carrier because you were not at fault in the accident.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
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 driver.


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