If I was rear-ended by an insured motorist but I did not have insurance, can I go after his insurance for the damages to my vehicle?

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If I was rear-ended by an insured motorist but I did not have insurance, can I go after his insurance for the damages to my vehicle?

Asked on September 23, 2014 under Accident Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you were rear ended, the accident was probably not your fault. If the accident was not deemed your fault, you should consider that the other driver's insurance will be entirely responsible for the accident repairs.  If your state requires you to have auto insurance, you want to make sure you have it. The other insurance company may try to argue against your claim because you didn't have insurance but you need to argue the accident didn't occur because you didn't have insurance. 


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