Was involved in an auto accident NOT at fault however my insurance was “lapsed” am i entitled to pain and suffering?

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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: Jul 6, 2012

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Insurance Question from San Diego, CA

Asked on 07/06/2012

Was involved in an auto accident NOT at fault however my insurance was “lapsed” am i entitled to pain and suffering? Had daughter in carPerson at fault left sceneIncident report was made to police

Answer given on July 07, 2012

If you were involved in an auto accident and the other party left the scene, the only way you could collect for damages and injuries would be if you have insurance in force at the time of the accident. You say the insurance had lapsed, so it appears you did not have insurance at the time of the accident.If you were in late pay status, and not cancelled for non-payment of the premium, you may still have insurance in force. If that was the case, hopefully you have paid the premium that was due. If so, you can file a claim through your insurance company. If you have medical payments coverage, you can use that for part of the injuries. Also, the uninsured/underinsured motorist coverage can be used for the injuries sustained in the accident.If the police are able to find the other party, through a license plate number, then you could file a claim against their insurance. Otherwise, there is no way to determine the identity of the other party.

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