How to deal with someone’s claim department when I do not have insurance.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 18, 2012

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Insurance Question from Aventura, FL

Asked on 02/18/2012

How to deal with someone’s claim department when I do not have insurance. I was in a car accident, where I was rear ended. That other driver took complete fault for the accident. He made a claim to his insurance. My car is still currently near the seen of the accident due to not being able to drive it. How should I go about talking with his claims department when I do not have insurance.

Answer given on February 19, 2012

While it is the law that you have insurance on your car, the accident was not your fault. The insurance company should treat you the same way they would treat anyone who was not at fault in an auto accident.However, you can be cited by the police for failure to have insurance. This should not affect your claim.You should talk to an adjuster as soon as possible, to get your car towed to a repair facility so an estimate can be done on the car. If it is repairable, then the insurance company should agree to pay for the repairs. If it is not, then they should settle with you for a fair value of the car. You are also entitled to a rental car while the car is being fixed, or for a time until a settlment is made on the car for its totaled value. You cannot continue to charge the insurance company for a rental car once you have been paid for your car.

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