If someone hit and totaled my car and my car insurance was expired but the at-fault driver was insured, will their insurer pay for a rental vehicle and damages to my car?

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If someone hit and totaled my car and my car insurance was expired but the at-fault driver was insured, will their insurer pay for a rental vehicle and damages to my car?

Asked on May 22, 2013 under Accident Law, New Jersey

Answers:

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

Answered 11 years ago | Contributor

The at-fault party is liable for the property damage to your car and their insurance will pay for the property damage.  Their insurance carrier should also pay for a rental car.   

The fact that you did not have insurance is NOT an issue in obtaining  monetary compensation because you were not at fault in the accident.


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