Expert: Doctor Settlement - 12/6/2008

Question
I was rear ended. At the time of accident I had no insurance coverage. The person at fault filed a claim. I have received calls from their insurance company who want to cover any damage. What liability will I have since I had no insurance coverage?

Answer
Hi Maria,

You have NO LIABILITY to that other driver or his insurer.  You are NOT liable for the damages caused by the negligent actions of another, irrespective of whether or not you had insurance.  Most states do have mandatory minimum insurance laws, and you could be subject to a fine for failing to have insurance.

But when someone else is 100% at fault, and his negligence damages his car and yours, then your failure to insure your car is not relevant to the question of who shall pay for the damages.  You have to go back to that insurer and argue that the SOLE reason for the crash was the negligence of their insured.  Be assertive and DO NOT accept any blame for something that was 100% the fault of the following driver.

Here, let me give you the rules of the road.  That following driver MUST keep a safe distance that will allow him to stop in the event the vehicle ahead of him should come to a quick stop.  It was HIS duty to keep his distance and to keep his alert as to what you were doing.  In this HE FAILED, and hence he is 100% responsible.  MAKE THEM PAY for damages to your vehicle.  

As for your own damages, there is nothing preventing you from making a claim in small claims court to recover the costs of repair for your vehicle.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com