If my car was damaged by an insured driver but I don’t have insurance coverage, can still file a claim?

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If my car was damaged by an insured driver but I don’t have insurance coverage, can still file a claim?

Asked on March 11, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may contact the other driver and seek reimbursement from him or her; he or she may--but is not required to--present that claim to his or her insurer. f(Or the other driver could, if he or she chose, simply pay.) The insurer then may or may not choose to honor it (or at least propose partial payment in settlement). If the driver or his/her insurer chooses to not pay you, but you believe the other driver was at fault, in that he or she was driving negligently (carelessly)--since there is no liability without fault--you then would have the option of filing a lawsuit.

The point is: the other driver's insurer does not owe you a duty; they only pay if either they believe their insurered to be at fault, or you prove that fault in court.


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