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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption