If we have no car insurance and were hit by an insured driver, does their policy cover damages to our vehicle?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we have no car insurance and were hit by an insured driver, does their policy cover damages to our vehicle?

Asked on January 16, 2016 under Accident Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the other driver was at fault (i.e. caused the accident by driving carelessly), they are liable for any damage they cause. If they won't pay voluntarily, you could sue them for the money--and if they have insurance, at that point, the insurer will step in to either defend the case (if they feel their driver was not at fault) and then to pay if they lose, or else to settle the case. (And if the other driver turns out to not have insurance, the driver whose car was hit could, if they sue and win, get the money directly from them).
Note, though, that the driver who was hit doesn't file claim with the other driver's insurance, unless that insurer asks the driver to do so and voluntarily offers to pay (which they may well do if the believe that their insured driver was at fault, so that they'd lose in court--in that case, better to pay voluntarily and save the cost of a lawsuit). That is because the other driver's insurer insures the other driver; their duty is to that driver, to defend him or her from lawsuits and/or to pay on his/her behalf. They do not have a duty to the driver who was hit, but only to their own policyholder.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption