Expert: Charlie Barone - 2/17/2010

Question
I recently got rear-ended an my insurance had recently lapsed. There was not serious damage just a torn up bumper the other drivers SUV looked to be unharmed. I'm unsure how to proceed... is the other driver still liable for the damages to my car? I was considering telling them I did not wish to report the incident to my insurance and trying to handle it with them personally. I guess what worries me is finding out that since I am uninsured it puts me at fault somehow? Possibly leaving me with the financial responsibility for my vehicle repair?

Answer
I would not mention the fact you are uninsured to the at fault party or obviously the police. If they have admitted liability in the matter just go forth with the claim and contact their insurance company. That person is liable for the damage regardless of your state of insurance coverage. Ask the person how they would like to handle the matter (through insurance or out of pocket) and proceed as though you've done nothing wrong.