Can I file a claim for a car accident through the other person’s insurance?

UPDATED: May 30, 2019

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Can I file a claim for a car accident through the other person’s insurance?

I was rear-ended and filed a police report but my insurance is relapsed. Can I still file a claim through the other drivers insurance if they are at fault for my car’s damage?

Asked on May 30, 2019 under Accident Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can contact their insurer and see if they will pay, but remember: they are the other driver's insurer, not yours. They may choose to pay voluntarily to settle the case, but are not required to do so--their legal obligation to their driver, to defend him in court and pay any amounts (up to policy limits) a court orders him to pay. Anything they offer or pay without you getting a judgment against their driver is voluntary on their part. So you can contact the insurer and see if they will pay; if they won't, you can sue the at-fault driver. If the amount at stake is less than your state's small claims limit, suing in small claims, as your own attorney, is a fast, cost-effective option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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