If I was “rear ended” and there was a police report but at the time I didn’t have insurance, since it wasn’t my fault shouldn’t the other driver’s insurer pay?

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If I was “rear ended” and there was a police report but at the time I didn’t have insurance, since it wasn’t my fault shouldn’t the other driver’s insurer pay?

Asked on January 20, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Don't focus on their insurance--focus on the other driver. If the other driver rear-ended you, he or she would almost certainly be liable for your damage; and you would not be liable for his damage. (Liability depends on fault; and generally, the law assumes that the rear driver in this type of collision is at fault, since he or she followed too closely or did not pay attention.)
If the other driver and/or his insurer (if he/she has insurance) does not voluntarily pay for your damage, you could sue him/her for any damage, costs, or injuries you incurred. You sue the other driver, not his/her insurer; if he/she has insurance, the insurance should then step into the case and, if you can show fault, pay for the other driver.


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