Can I still put in a claim for an accident even if I didn’t have insurance?

UPDATED: Mar 16, 2018

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Can I still put in a claim for an accident even if I didn’t have insurance?

I was not at fault and the police report states this. however, I was uninsured at the time of the accident. Can I still collect for my damages?

Asked on March 16, 2018 under Accident Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether or not you had insurance is not relavant as long as you were not at fault for the accident. What is relavant is if the other driver was insured. If so, then you can file a claim with their insurer. However, if they didn't have insurance, then you will need to sue the at-fault driver in order to collect. That having been said, you may get a ticket for driving uninsured.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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