If I was hit from behind and have no insurance, what can I do to get my cat repaired?

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If I was hit from behind and have no insurance, what can I do to get my cat repaired?

The man that hit me was in a rental truck. He gave us his ID and phone # and the name of his insurer. Do we have rights to get our car fixed?

Asked on July 8, 2011 under Accident Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

You can file a claim for property damage to your car with the other driver's insurance company to have your car repaired.  Since you were not at fault in the accident, the fact that you don't have insurance will not affect your claim against the other driver.

If you were injured in the accident, you would file a personal injury claim with the other driver's insurance carrier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.   The personal injury claim is separate from your property damage claim.  


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