If my daughter was hit from behind and the other driver didn’t have insurance, can they file a claim against our insurance?

UPDATED: Oct 4, 2014

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If my daughter was hit from behind and the other driver didn’t have insurance, can they file a claim against our insurance?

They did not call the cops because the other party didn’t have insurance. My daughter gave them our insurance information since we were covered.

Asked on October 4, 2014 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The can submit a claim to your insurer, if they have the insurance information; your insurer may or may not pay it (e.g. they may feel, as is likely, that the other driver was at fault--generally, the rear driver in a collision where a car is hit from behind is considered at fault, since it was their obligation to maintain a  safe following distance, pay attention, and stop in time--and the at-fault driver is not entitled to recovery). If you insurer does not pay, they could try to sue your daughter (or you, if she is a minor); to win, they'd have to prove in court that your daughter, not them, was at fault.

Not having insurance does not preven them from seeking compensation from you or you insurer, but from what you write, the facts seem to be against them.

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