Can someone file a claim w/ the other persons insurance if they personally dont have auto insurance themselves?

Jul 4th, 2011
by admin.

I have a client whose car got rear ended by another car and he is suffering a pretty bad knee injury due to the accident. Can he file a claim with the other persons insurance company even if he personally doesnt have auto insurance? I know in the state of California it is illegal to drive without car insurance, but does that mean he cant file a claim for his car and injuries? Thanks

Posted in: Auto Insurance Claim.
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2 Comments

  1. fighting saints says:
    June 6, 2010 at 6:44 pm

    CA is a “no pay no play” state. Which means an uninsured driver who is not at-fault for an accident can not collect for pain and suffering resulting from an injury. He may get his medical bills paid but he won’t get any of that money because it will go directly to the doctor.

    He can collect on the car damages with no problem.

    He can file a claim but he will be severely limited in what he can collect on. The at-fault parties insurance company should notify him in writing what can can be paid and what can’t be paid.

    Driving without insurance is going to cost this person a good chunk of injury money.

  2. David says:
    June 6, 2010 at 7:39 pm

    Yes, he can, and he can probably collect, too, but he will have issues with the DMV when he can’t prove his insurance–such as a suspended license. And if he has an at-fault accident, it will only get worse.

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