I was involved in an auto accident but I found out without my knowledge my insurance was cancelled without knowledge what happens now?

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I was involved in an auto accident but I found out without my knowledge my insurance was cancelled without knowledge what happens now?

I was involved in a vehicle accident
West Virginia .. I found out when I
attempted to file a claim my insurance
was cancelled, however the other party
driving a motorcycle was at fault and
hit me head on and totalled my car,
even though my insurance was cancelled
and I did not have proper coverage at
the time of the accident and I was NOT
AT FAULT, am I still entitled or have
the right to collect damages from the
at fault party?

Asked on July 31, 2016 under Accident Law, West Virginia

Answers:

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

Answered 8 years ago | Contributor

The fact that you didn't have insurance is irrelevant because the other party was at fault in the accident. You can file your property damage claim with the at-fault party's insurance company.
If the case is settled with the at-fault party's insurance company, 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.


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