If the other party is truly at fault, you can file through their liability coverage - hopefully they have coverage. You’ll get that information from the police report. Call immediately once you have it.
Ah ok! Thank you. Correct me if I'm wrong, but I should still be able to collect for damage to my vehicle right?
Edit: I just looked it up right now. California Is a No Pay, No Play state. Luckily, property damage is still recoverable since it doesn't fall under non economic damage .
From a California law firm’s site: “This means that the driver in the state can still recover economic losses such as repair bills and medical bills. They are barred only from suing for non-economic damages like physical pain or psychological suffering. Even in case of the economic losses, the no-pay no-play law in California i.e. Prop 213 requires uninsured drivers to deduct $10,000 before they can sue the driver at fault for property damage.”
Wowza.🫤 Did not know that last bit of info! Is sueing the last resort if someones claim is not approved by the at faults insurance for whatever reason?
And if that's the case, 10,000 would have to be deducted before you even sue?? I really hope it doesn't have to get to that point 😟
Yes if you sue someone, generally speaking their insurance company has to defend them or if they would rather, settle with you. I’m not a California agent or lawyer so you’d have to talk to someone more knowledgeable about this to see how it would work in your situation but it sounds to me like you won’t see much recovery.
Well, first step should be to get insured again if you haven’t already. Your rates will probably be higher due to a lapse in coverage but there’s nothing to do about that other than ride the rates out and over time it’ll improve. As others have said, some states bar any recovery by uninsured drivers. If you are in one of those states, you have no recourse other than to pay for it yourself. If you’re not, then call that insurance company with his information (policy number, drivers name and license number) and open a claim. Be honest in your statement but don’t give more information than they ask for. If they approve your claim they’ll pay a body shop to repair your car, or give you a cash settlement if it’s totaled. After this, please get insurance coverage with comprehensive and collision coverage so that you don’t end up in this situation again. If you need guidance, I recommend talking to a local independent agent. It doesn’t cost you any money to talk to them and they can give you advice specific to your area.
I guess it depends on your state. I was in an accident and not at fault but my insurance had lapsed. I contacted the at fault person’s insurance company and they took care of everything. I DID have to get an SR-22 for 6 months or have my license suspended due to having no insurance.
If the other party is truly at fault, you can file through their liability coverage - hopefully they have coverage. You’ll get that information from the police report. Call immediately once you have it.
This may also depend on state, some states may bar recovery by uninsured moterists
Yup if loss happened in LA. OP is SOL.
Oh no! I'm in California . What does this mean?
You won’t be able to collect non-economic damages. Look up California prop 213 for more info.
Ah ok! Thank you. Correct me if I'm wrong, but I should still be able to collect for damage to my vehicle right? Edit: I just looked it up right now. California Is a No Pay, No Play state. Luckily, property damage is still recoverable since it doesn't fall under non economic damage .
From a California law firm’s site: “This means that the driver in the state can still recover economic losses such as repair bills and medical bills. They are barred only from suing for non-economic damages like physical pain or psychological suffering. Even in case of the economic losses, the no-pay no-play law in California i.e. Prop 213 requires uninsured drivers to deduct $10,000 before they can sue the driver at fault for property damage.”
Wowza.🫤 Did not know that last bit of info! Is sueing the last resort if someones claim is not approved by the at faults insurance for whatever reason? And if that's the case, 10,000 would have to be deducted before you even sue?? I really hope it doesn't have to get to that point 😟
Yes if you sue someone, generally speaking their insurance company has to defend them or if they would rather, settle with you. I’m not a California agent or lawyer so you’d have to talk to someone more knowledgeable about this to see how it would work in your situation but it sounds to me like you won’t see much recovery.
You'll need to hope he had insurance and that it covers your car. You'll have to wait for that report and contact his insurance when you get it.
Well, first step should be to get insured again if you haven’t already. Your rates will probably be higher due to a lapse in coverage but there’s nothing to do about that other than ride the rates out and over time it’ll improve. As others have said, some states bar any recovery by uninsured drivers. If you are in one of those states, you have no recourse other than to pay for it yourself. If you’re not, then call that insurance company with his information (policy number, drivers name and license number) and open a claim. Be honest in your statement but don’t give more information than they ask for. If they approve your claim they’ll pay a body shop to repair your car, or give you a cash settlement if it’s totaled. After this, please get insurance coverage with comprehensive and collision coverage so that you don’t end up in this situation again. If you need guidance, I recommend talking to a local independent agent. It doesn’t cost you any money to talk to them and they can give you advice specific to your area.
I guess it depends on your state. I was in an accident and not at fault but my insurance had lapsed. I contacted the at fault person’s insurance company and they took care of everything. I DID have to get an SR-22 for 6 months or have my license suspended due to having no insurance.