We were on 1-95 in VA (on our way home to NY) and were hit from behind. We were sitting still in traffic and hit from behind.

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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 12, 2011

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Insurance Question from Brookhaven, NY

Asked on 07/12/2011

We were on 1-95 in VA (on our way home to NY) and were hit from behind. We were sitting still in traffic and hit from behind. We were stopped in traffic and she hit us doing at least 55mph. We called her insurance company (mercury) and they said she did not make her payment so they will not pay for our damages. Now we have to pay allstate (our insurance co) $500 and file a claim. She had an insurance card that said she was covered until September 2011.Why do we have to pay for an accident that she caused. Than God I had my 6 year old in a high booster seat. I have no car now and Allstate is not paying for a rental car. Please give me some answers-thank you

Answer given on July 27, 2011

The insurance ID card the other party presented is not proof that the insurance is still in force. It only shows the policy period at the time the policy was taken out. If the premium was not paid, then the policy may have been cancelled. There are requirements that the company send notice of nonpayment, but it may be difficult for you to get proof of that.If there was no insurance then your only recourse is to go to your insurance company. Your deductible for damage to your car applies. If you have medical insurance coverage, that will help pay for injuries, as well as if there is any uninsured/underinsured motorist coverage it too will pay for injuries. If you did not have rental car coverage, then your company will not pay for a rental car. However, sometimes you can get a reduced rate for a rental car through a repair facility. Talk to the garage where the car is going to be fixed.You should also check with your insurance agent, and keep in touch with the adjuster from your company. After everything is settled, they may try to subrogate from the other driver for the money paid out. If they are successful you should get part of your deductible back. You also have the option to sue the other driver, but unless she has assets, that may be difficult to collect.

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