Can I file a collision claim after an auto accident if I don't have insurance but it was not my fault? - Auto Accident Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I file a collision claim after an auto accident if I don't have insurance but it was not my fault?

I was rear ended yesterday. I do not have a drivers license or auto insurance. I was not at fault. Can I still file an auto claim to their insurance company? I also had to be seen for neck and back pain yesterday at urgent care. Can their insurance still be liable?

Answer By Arthur K. Aiken

Contact this Attorney Now

In South Carolina, you can still pursue a personal injury claim even though you have no license and no insurance.

Answer Applies to: South Carolina
Replied: 8/9/2012

Answer By Joshua J. Nolan

Contact this Attorney Now

Yes, you can still file a claim against the other driver's auto insurance. Your failure to maintain a driver's license or proper insurance does not automatically eliminate your claim. However, you may face criminal charges for driving without a license or insurance.

Answer Applies to: Ohio
Replied: 8/6/2012


Contact this Attorney Now

You have a personal injury issue, but the liability regarding the driver of the other vehicle may not be 100-percent because of your circumstances.

Answer Applies to: Rhode Island
Replied: 8/5/2012

David F. Stoddard
Contact this Attorney Now

Yes, you can still file a claim, and yes, their insurance will still be liable for any injuries that you suffered.

Answer Applies to: South Carolina
Replied: 8/2/2012

Answer By Jeffrey Lapin
Lapin Law Offices
Contact this Attorney Now

The answer to your question about whether you can still file a claim for your injuries and damages even though you did have a driver's license or automobile insurance, is "yes you can." There may be traffic or criminal charges that you will have to deal with due to not having a driver's license or insurance. However, these items do not affect your claim against the at-fault driver or insurer.

Answer Applies to: Nebraska
Replied: 8/2/2012

Answer By Alvin Lundgren

Contact this Attorney Now

You can sue the perpetrator directly.

Answer Applies to: Utah
Replied: 8/2/2012

Answer By Paul A. Samakow
The Law Offices of Paul A. Samakow, P.C.
Contact this Attorney Now

You do not have to have insurance or a driver's license to make a claim against someone who hit you. So yes, you can file a claim.

Answer Applies to: Virginia
Replied: 8/2/2012

Answer By Dennis P. Mikko

Contact this Attorney Now

Michigan is a no-fault automobile insurance state. As such, you are responsible for insuring your own vehicle. There is one exception called the "mini-tort" exception. Under the mini-tort, you could claim up to $500 if you were not at fault. However, in order to use the mini-tort exception, you would have to be able to prove that you had insurance on your vehicle at the time of the accident. Under Michigan no-fault, if you do not have insurance, one penalty is you cannot use the insurance law to seek relief. Your medical claim may be another story. If you did not have insurance, then they would look to others in your home that might have insurance and if none was found there may look to the other driver's policy. Make sure the medical providers are aware that the injury was the result of an automobile accident.

Answer Applies to: Michigan
Replied: 8/2/2012

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy