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  1. #1
    swzine Guest

    Can an uninsured driver file a claim?

    What is the name of your state? Texas

    I was sitting in traffic last night when someone rear ended me. I currently do not carry any car insurance. The person that rear ended me didn't want to go through insurance. By the way the driver acted, I actually wonder if he had insurance himself. The damage appears to be minimal. I think just a new rear bumper and a panel that goes above the bumper might fix the problem, but I haven't brought it into a shop to know for sure.

    The other driver did not want to go through insurance. He and I are going to talk tomorrow about a settlement, but I'm wondering what my alternative is if that doesn't work out. The accident was clearly not my fault. Can I file a claim with his insurance company or sue for damages even though I am unisured?

    There are no injuries...just damage to the bumper. You can find a billion articles about sueing the uninsured for damages, but we're not always at fault Some of us uninsured are decent drivers that are sick of getting ripped off by insurance companies.
    Last edited by swzine; 08-03-2003 at 01:21 PM.
  2. #2
    HomeGuru is offline Senior Member
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    Re: Can an uninsured driver file a claim?

    Originally posted by swzine
    What is the name of your state? Texas

    I was sitting in traffic last night when someone rear ended me. I currently do not carry any car insurance. The person that rear ended me didn't want to go through insurance. By the way the driver acted, I actually wonder if he had insurance himself. The damage appears to be minimal. I think just a new rear bumper and a panel that goes above the bumper might fix the problem, but I haven't brought it into a shop to know for sure.

    The other driver did not want to go through insurance. He and I are going to talk tomorrow about a settlement, but I'm wondering what my alternative is if that doesn't work out. The accident was clearly not my fault. Can I file a claim with his insurance company or sue for damages even though I am unisured?

    There are no injuries...just damage to the bumper. You can find a billion articles about sueing the uninsured for damages, but we're not always at fault Some of us uninsured are decent drivers that are sick of getting ripped off by insurance companies.
    **A: the answer is yes.
  3. #3
    stephenk is offline Senior Member
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    "Some of us uninsured are decent drivers that are sick of getting ripped off by insurance companies"

    so your solution is to drive around uninsured? do you have financial resources to pay someone you may seriously injure in an accident that is your fault?
  4. #4
    stephenk is offline Senior Member
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    "Some of us uninsured are decent drivers that are sick of getting ripped off by insurance companies"

    so your solution is to drive around uninsured? do you have financial resources to pay someone you may seriously injure in an accident that is your fault?

    if you make a claim against the other guy's insurance company, be sure to face the fact that the carrier will report your lack of insurance to your state's DMV. your license will be suspended until you provide proof of insurance.
  5. #5
    HomeGuru is offline Senior Member
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    Good responses that I agree with.
  6. #6
    debraab1 Guest

    not at fault with no insurance also

    I'm having the same problem. I was in an accident as well, not my fault, but I have no insurance. I read your posts, and I was wondering if I could file a claim against his insurance company? No bodily injury, just damage to the car. If I get insurance now, what will happen? ( Not claiming I had it at time of accident or anything), just so they can't suspend my license. Can I do that?
  7. #7
    stephenk is offline Senior Member
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    Even if you get insurance now, it will not prevent the suspension of your license for not having insurance at the time of the accident.

    In California the suspension is for 6 months and then you have to show current proof of insurance to get your license re-instated.
  8. #8
    debraab1 Guest
    Thank you so much for responding to my post. I'm a little worried though, I went to the dmv website and on there it said suspension for 4 years. But maybe that's if the accident was my fault. I hope it's just 6 months. ( not that that's not a long time or anything, but it's better than 4 years). So do you think I can still file a claim with his insurance?
  9. #9
    stephenk is offline Senior Member
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    Like I said earlier, if you file a claim with the other party's insurance company, you can bet they will report your lack of insurance to the state DMV. Then you can expect your license suspension shortly thereafter.

    So is the suspension worth getting your car fixed by the insurance company?
  10. #10
    spawn_x is offline Member
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    Stephen, who is to say that a report won't be filed even if she doesn't contact their insurance?

    Also, the suspension is for a year, unless it is lowered in court (not sure if possible.

    16072. (a) The suspension of the driving privilege of a person as
    provided in Section 16070 shall not be terminated until one year has
    elapsed from the date of actual commencement of the suspension and
    until the person files proof of financial responsibility as provided
    in Chapter 3 (commencing with Section 16430), except that the
    suspension shall be reinstated if the person fails to maintain proof
    of financial responsibility for three years**************.

    My advice is that your license may be suspended either way, so you might as well contact his insurance.

    Also note that if you're filing a claim with their insurance you do not need to contact yours, and neither do they, so I believe there is a good chance you may just get away with it.
  11. #11
    stephenk is offline Senior Member
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    Spawn, who is going to report the accident to the DMV if she doesnt make a claim with the other driver's insurance company? The poster and the other driver dont seem to be rushing to report the accident to the DMV>

    Plus, she didnt have insurance coverage at the time of the accident. Her current carrier wont do anything on her behalf.
  12. #12
    spawn_x is offline Member
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    I'm sorry I did not mean to imply that it will happen regardless, I just meant to say that it may be reported regardless of whether a claim is filed or not..

    "technically" it is the law (in CA) to report it if the damage is over what, 750 dollars as of 2001? So some folks might get paranoid and think they'll get in trouble if its not reported...

    just saying... however you're right, they don't look like that, but still..

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