Thread: Accident: Uninsured but not at fault

About a month ago I was driving my sister's car that was uninsured. A car turned in front of me (into a driveway, not an an intersection) and I ended up hitting him and getting my car totaled. The other driver is at fault and insured. I also suffered an injury to my knee that would require surgery.

I've heard many different things about you can't get this or that uninsured, so I figured I would get the real answers from here.

I have another car that is broke down, BUT still has insurance. I was told there was something I could do if I had insurance, even if it was not on the car I got in a wreck in?

Car Damage: Although I was uninsured, the insurance company of the other party would still cover this wreck correct?

Injury: Would I receive some sort of compensation for this? Pain and suffering? I was told that I was not entitled to pain and suffering by an attorney's assistant. Is this true?

I am located in California.

Any help would be greatly appreciated. Thank you.

Did your sister have insurance on her car? If she did, were other drivers covered at a certain age? Yes, in theory the other driver was at fault and his insurance should pay; however since you were un-insured you shouldn't of been driving the car in the first place and that is a valid arguement in some states. As for using your other insurance policy you'll need to speak with the company that handles it; it all depends on your policy agreement.

I think the car that met with an accident that is your sisters car is the one which needs to have insurance you want to claim money on it...there is no swap theory working here anyways.

the last post said it all. you not get anything not being insured..You need to have insurance on your car and stop looking for the big pay day.

Hi,

I think you can still claim through MIB.

I'm not that familiar with CA law but I still disagree with some of the advice given. If the other driver was at fault, the fact that you have no insurance doesn't get the other driver off the hook. The other driver must pay for your car damage, med bills, pain and suffering, etc.

I was quite interested in the difference with US Car Insurance from where I live in the UK.
Here most car insurance policies allow you to drive a vehicle not belonging to you, but with the minimum cover.
i.e. third party damage and injury only. Is this ever the case in the US?

Also I believe that Fla. is a 'no fault' state. Does this just apply to damage,or injury as well?

I agree that you can still file for an MIB with that.