I was rear ended. I didn’t have insurance. The at fault driver does. What happens next?

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I was rear ended. I didn’t have insurance. The at fault driver does. What happens next?

I was waiting to turn. I had my blinker on waiting for traffic to clear. Another driver who was distracted rear-ended me. My car was totaled. Since my car had been in the shop for 3 months my mom cancelled the insurance. The day of the collision I was driving my car home from the shop and she had not had a chance to restart the policy.

Asked on September 18, 2017 under Accident Law, Michigan

Answers:

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

Answered 7 years ago | Contributor

The fact that you did not have insurance is not an issue with regard to filing a claim for property damage to your vehicle with the at-fault party's insurance carrier because you were not at fault in the accident.
If the case is settled with the at-fault party's insurance 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 driver.


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.

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