If I my vehicle was hit by another car but I’m wasn’t insured, what will happen?

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If I my vehicle was hit by another car but I’m wasn’t insured, what will happen?

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Asked on February 25, 2017 under Accident Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether or not you were insured does not matter, since you were not at fault for the accident. In a situation such as this, you can still make a claim against the other driver since they were at fault. Assuming that they are insured your claim can be settled by their insurance company; if they are not insured then you can sue the other driver in small claims court. That having been said, if for some reason you are deemed to be at fault, then the other's driver's insurer will settle with them but then make a "subrogation" claim against you for reimbrsement. And if you do not pay, the insurer can sue you in court.


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