Someone hit my car which wasn’t insured. Does his insurance company has the obligation to stand for the repairs?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 5, 2012

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Insurance Question from Los Angeles, CA

Asked on 01/05/2012

Someone hit my car which wasn’t insured. Does his insurance company has the obligation to stand for the repairs? Someone hit my car from the back, I have witnesses to prove it is his fault, now it needs extended repairs. During the incident my was was not insured. The day after the event I went and insured the car. The person who hit me, will his insurance company pay for the repairs even though it wasn't insured? On top of everything, the company I insured my car with is with the same company as the driver who hit me. Won't they suspect insurance fraud from my part, insuring a crashed car? I didn't know! What should I do? I want my car fixed, but I don't want any trouble.

Answer given on January 07, 2012

If your car was struck and the accident was not your fault, the fact that you didn’t have insurance is not a part of resolution to the insurance company. They still must pay for your repairs since their insured was at fault.When you got your car insured the next day you needed to tell the insurance company that there was existing damage to your car. That is a question asked on the application. If you did not reveal there was damage, then your insurance can be cancelled. Be sure to go back to the agent or insurance company and advise them there is currently damage to the car, but that there is an ongoing claim to repair it. The insurance company may want to remove collision coverage from the policy (presuming your bought that) until the car is repaired. Once the car is fixed, you can then ask that collision insurance be added back on to your policy.

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