Was involved in automobile accident and my insurance had lapsed. The owner of the other vehicle was insured.

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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: Sep 9, 2012

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Insurance Question from Belle Plain, CO

Asked on 09/09/2012

Was involved in automobile accident and my insurance had lapsed. The owner of the other vehicle was insured. I was not at fault and did not receive any citations but the other driver was cited for careless driving. A police officer witnessed the accident and told me he would be my witness.

Answer given on September 09, 2012

If you were involved in an auto accident that was not your fault, and you did not have insurance, then you need to work with the insurance company for the other driver to get your car repaired. You could be subject to a ticket or fine for not having insurance at the time of the loss, but it should not affect the settlement of your claim. It did not have any effect on the collision and ensuing loss. If the other insurance company tries to deny the claim for that reason, you should ask for a supervisor and tell them you know it does not affect the claim, since their driver was determined to be at fault. Also, make sure they understand that the police officer witnessed the accident and has offered to be a witness on your behalf. This should encourage the insurance company to work with you for a fair settlement on the damages to your car.

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