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

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Jul 6, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption