Well, you realy cant file a claim with their insurance company. You can, but most likey it will get denied. You would only get your deductible back from them anyway and the mini-tort max is only $500. You can take it to small claims court to sue the other guy for the damages to your car, and you can sue him and/or his insurance company for bodily injury, but you might not want to do that either because if you didn't already get in trouble the judge can make that decision for you when you bring it to court. Technically you shouldn't have been driving to begin with and I am sure the other party will argue that. But it is worth a shot, you just never know! Especially if it was an "innocent" no prior, meaning your car was broke and now it's not or it was only a couple of days and you didn't realize your payment was due. Have you reinstated your policy yet?
