Rear ended, drivers insurance was lapsed 30 days prior

UPDATED: Oct 1, 2022

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Rear ended, drivers insurance was lapsed 30 days prior

I was rear ended at a stop light. The driver of
the vehicle that hit me was found at fault. She
provided the police officer her insurance card
and information. My insurance company
advised me that the insurance policy she had
was lapsed 30 days before she ran in the back
of me. The phone number she provided is 5
years old and belongs to her old foster family.
Per the police report she is a 21 year old kid.
She did over 8,000 in damages to my car, and
iit will take about a month to get the parts and
fix my car. I had to pay 500 for the rental car
and my out of pocket 500 to get my car fix.
How do I recover my loss of 1000.00 give or
take, my inconvenience, time I had to take off
work? Can I call the police and provide them
them the accident report number and tell them
that she has no insurance, and provided false
information on the police report? She did
receive 2 citations so I am sure she has to go
court for those. Thank you for any assistance,
as you can tell I am a little livid.

Asked on August 30, 2017 under Accident Law, Kansas


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

Answered 5 years ago | Contributor

It would be advisable to inform the police that the at-fault driver was uninsured and provided false information on the police report.
Since the at-fault party was uninsured, if you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company. This would be for the property damage (cost of repairs) to your car.  Unless you have rental car coverage on your policy, your insurance company won't pay for that.  Your uninsured motorist claim for property damage won't cover time off from work, etc. If you were injured in the auto accident and had a separate personal injury claim, documentation of wage loss  due to the injury would be recoverable.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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