What if my car was parked and got hit by another car but I do not have insurance?

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What if my car was parked and got hit by another car but I do not have insurance?

We just got the car running and had not put insurance on it yet. The other car is insured.

Asked on May 1, 2014 under Accident Law, Illinois

Answers:

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

Answered 7 years ago | Contributor

The fact that you didn't have auto insurance will NOT be a problem because the other driver was at fault.  Your property damage claim (cost of repairs to your car) should be filed with the auto insurance company of the at-fault party (registered owner of that vehicle).  The at-fault party's (registered owner's)insurance carrier should also pay for a rental car for you while your car is being repaired. 

If your property damage claim is settled with the at-fault party's (registered owner's)insuraance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.  If the at-fault party is someone other than the registered owner of the vehicle, name both the registered owner and at-fault driver as defendants in your lawsuit for negligence.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the car that struck your vehicle has possible insurance coverage then you need to make a claim against the owner of that vehicle and provide copies of all estimates for the repairs. Potentially you will be able to get compensated. Hopefully there was a police report.


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