Ask Me Help Desk - Hit in the back but have no insurance

I was hit from behind while stopped. I was waiting to make a left turn into my apartment complex and the guy hit me because he said he was not paying attention. Neither he nor I was hurt, however I have no insurance. I am under the impression that since he hit me from behind he is at fault, but will his insurance company pay for the damage if I have no coverage

Yes, Your coverage situation is not at issue here. File a claim directly with his carrier.

Then RUN out and get your own insurance. Why were you driving without anyway? Your lucky you weren't ticketed for it.

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Originally Posted by ScottGem

Yes, Your coverage situation is not at issue here. File a claim directly with his carrier.

Then RUN out and get your own insurance. Why were you driving without anyway? Your lucky you weren't ticketed for it.

Were you driving with no insurance OR with liability insurance but without collision insurance? Either way - your insurance status does not matter. It would appear the other driver (you had turn signals operating, etc.) was at fault. His insurance would pay. Get two estimates for the damage, send them certified mail to his Agent, KEEP COPIES, request that they be turned over to his insurance company, be prepared to have to take the matter to Small Claims Court - lately insurance companies seem to be dragging their feet on claims, worse than I've ever seen!

(If you are driving without liability insurance, RUN to the nearest Agent!)

Dominic, the answers you have received thus far "might" be correct and would be correct in most states. That is, even though you had no insurance, the party at fault who hit you in the rear, is probably legally liable, HOWEVER, the answers may not be accurate for your state. For example, if you live in Lousiana, and you are in violation of mandatory liability law and not carrying liability insurance and you are struck from behind or otherwise involved in an accident and you are judged not at fault, since you are not participating in the LA state manadated liability insurance system, then, you have no legal right to collect damages from the party at fault. In that particular state, LA, it's called "no pay, no play" which means the at fault party and their insurance company are not responsible. I would suggest you 1) consult an attorney 2) read the law in the state in which you reside 3) read the law in the state in which the accident occurred. I am not an attorney, just an insurance agent. You can, however, use Google to search for info, try googling, "no pay, no play", click "I'm feeling lucky" and that will give you some info from Rand.org or add to the search "LA" and locate several topics and state applicable articles.

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Originally Posted by RichardBondMan

Dominic, the answers you have received thus far "might" be correct and would be correct in most states. that is, even though you had no insurance, the party at fault who hit you in the rear, is probably legally liable, HOWEVER, the answers may not be accurate for your state. For example, if you live in Lousiana, and you are in violation of mandatory liability law and not carrying liability insurance and you are struck from behind or otherwise involved in an accident and you are judged not at fault, since you are not participating in the LA state manadated liability insurance system, then, you have no legal right to collect damages from the party at fault. In that particular state, LA, it's called "no pay, no play" which means the at fault party and their insurance company are not responsible. I would suggest you 1) consult an attorney 2) read the law in the state in which you reside 3) read the law in the state in which the accident occured. I am not an attorney, just an insurance agent. You can, however, use Google to search for info, try googling, "no pay, no play", click "I'm feeling lucky" and that will give you some info from Rand.org or add to the search "LA" and locate several topics and state applicable articles.

Could you clarify this for me? I believe the original question was concerning property damage only - no personal injury. I understand liability insurance is mandatory in Louisiana (as in NY State, where I am) but I do not see anything about comprehensive/collision coverage. Are you saying (in Louisiana) that if you do not carry the mandatory liability insurance and are involved in a property damage accident which is not your fault you cannot collect for your property damage? (NYS is a comparative negligence State.)

Thank you everyone I spoke with his insurance company and they are going to pay for it... I HAVE INSURANCE NOW. But I did look at the no pay no play laws, they don't apply in Washington state, but According to what I read, LA does makes it impossible to collect on the first 10,000 dollars in personal property damage if you don't have insurance even if the other person is 100% at fault. I know now in Washington it is like a 450 dollar fine for not carrying the minimum amount of insurance. So I think I learnde a lesson.

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Originally Posted by Dominic08

Thank you everyone I spoke with his insurance company and they are going to pay for it... I HAVE INSURANCE NOW. But I did look at the no pay no play laws, they dont apply in Washington state, but According to what I read, LA does makes it impossible to collect on the first 10,000 dollars in personal property damage if you dont have insurance even if the other person is 100% at fault. I know now in Washington it is like a 450 dollar fine for not carrying the minimum amount of insurance. So I think I learnde a lesson.

Glad it worked out for you - it could have been an expensive lesson! Always interested to learn how insurance varies from State to State so I've appreciated the various advice you received.

:)

Quote:

Originally Posted by Dominic08

I was hit from behind while stopped. I was waiting to make a left turn into my apartment complex and the guy hit me because he said he was not paying attention. neither he nor I was hurt, however I have no insurance. I am under the impression that since he hit me from behind he is at fault, but will his insurance company pay for the damage if I have no coverage

Absolutely, provided you were not at fault otherwise. Your not having insurance is a matter between you and the state if you were not at fault.

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Originally Posted by dmlegal

:)

Absolutely, provided you were not at fault otherwise. Your not having insurance is a matter between you and the state if you were not at fault.

Once again it varies from State to State but I am aware of an insurance company in NYS which is refusing to pay damages if the other/innocent party is driving illegally - without a license, without insurance. The company's position is that people should not be "rewarded" for damages suffered while committing a criminal act -

The same company is also taking the position that if you are the passenger and the driver is intoxicated you cannot receive anything other than medical bills because you willing got into a vehicle with an intoxicated driver. You can imagine what proving or disproving your knowledge of the driver's level of intoxication involves!

Obviously this issue will have to be resolved in the Courts but it is confusing things - there have been decisions recently which have changed "slip and fall" awards, such as advance notice, advance notice with no attempt to repair, etc.