If I was involved in a MVA but had no insurance, am I able to receive compensation for damages, towing, etc.?

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If I was involved in a MVA but had no insurance, am I able to receive compensation for damages, towing, etc.?

It was not my fault as I was completely stopped at a red light when the truck behind me was rear ended and in turn, it rear-ended me. There was significant damages and my car was towed.

Asked on July 28, 2015 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can receive compensation IF you sue the at fault driver and prove in court that he was at-fault in causing the accident (as he appears to be, from  what you write); in that case, you could then get a judgment in your favor. With that judgment, you can get compensation if the at-fault driver himself has insurance or at least has sufficient income and assets to pay the judgment (though if he does not have insurance and does not pay voluntarily, you'd have to go through collections efforts to get the money, which can be time consumming and costly). In this case, the at-fault driver is not the truck driver who was rear-ended into you, but the driver who rear-ended him. Suing in small claims court as your own attorney ("pro se") to minimize legal fees may be a good option.


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