At fault driver is not the owner nor insurer of car

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At fault driver is not the owner nor insurer of car

I was in an accident in which my car is totaled and the other party is at fault. The other driver is not the owner nor the insurer of the car, and was arrested for driving without a license. Unfortunately, I do not have collision coverage and my own insurance will not pay for my losses. Will the other insurance company still reimburse me for my losses?Also, am I supposed to deal directly with the other insurance company since my own insurance will not pay for collision?

Asked on June 11, 2009 under Accident Law, New Jersey

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should make a claim for your property damage with the insurance company that covers the vehicle.  If the driver had auto insurance (perhaps on another car), you should make a claim with his carrier, as well.  It is mandatory in the state of New Jersey to carry a minimum of $5K in property damage liability coverage.


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