If I was stopped in traffic and a car rear-ended me and was uninsured at the time but the at-fault driver was
insured, are they still liable for the damages done to my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was stopped in traffic and a car rear-ended me and was uninsured at the time but the at-fault driver was
insured, are they still liable for the damages done to my car?
I went the same day to insure my vehicle but unfortunately wasnt when it happened.
Asked on September 16, 2019 under Accident Law, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The at-fault party is liable for the accident even though you were uninsured. You should file your property damage claim with the at-fault party's insurance carrier. If the claim is denied, you should sue the at-fault party for negligence. Depending on the amount of your damages (monetary compensation you are seeking in your lawsuit), you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. A monetary judgment can be enforced with a wage garnishment.
I assume you were not injured since you did not mention it.
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.