If I was in a car accident but my auto insurance lapsed, how can I get the at fault driver’s insurer to pay for the damages to my vehicle?

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If I was in a car accident but my auto insurance lapsed, how can I get the at fault driver’s insurer to pay for the damages to my vehicle?

My car had to be towed; the person that caused the accident drove away.

Asked on December 7, 2015 under Accident Law, New Jersey

Answers:

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

Answered 5 years ago | Contributor

If you have the name of the at-fault party's insurance carrier, you can contact the insurance carrier and inform that company of the name of the at-fault party in the accident and the policy number.  You can then pursue your property damage claim with that insurance carrier.
If there was a police report of the accident, you can present that to the insurance carrier to support your claim that the other driver was at fault.
If there are any problems with the at-fault party's insurance carrier denying the claim, your recourse is to file a lawsuit for negligence against the at-fault party.  Your damages (the amount of monetary compensation you are seeking in your lawsuit would be the cost of repairs to your car, towing, and any other costs incurred due to the accident).  Ask the at-fault party's insurance carrier for a rental car while your car is being repaired.
 


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