I was rear ended I didnt realize my insurance had been cancelled and i have some car damage and back pain can i file a claim.

Asked almost 2 years ago - Vero Beach, FL

I want to know if the damage and my dr bills will be paid by the other persons insurance since I didnt have any at the time

Attorney answers (7)

  1. Dennis Andrew Chen

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . You need to contact an experienced personal injury attorney for assistance with your case. If the other person has insurance then you may be able to recover your medical bills, vehicle damage and possibly additional money for your injuries. I am available to discuss your case with you at (407) 392-1872 or dennis @ chenlaw.net The consultation is free.

    Along with my other areas of law practice, I have handled personal injury & workers compensation matters for my entire 15 yr legal career and was a State Farm insurance adjuster before going to law school. Let me know if I can help.

    I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client... more
  2. George Costas Andriotis

    Contributor Level 20

    8

    Lawyers agree

    Answered . The at fault vehicle's insurance will pay to fix your car and for your medical bills and treatment. Their Property Damage portion of the policy will repair your vehicle and this coverage is required in Florida. Their Bodily Injury Liability coverage will pay your medical bills and though many people carry this coverage it is not required in Florida.

    Contact a local attorney to investigate and advise you of your rights. Good Luck.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Benjamin Joseph Sansone

    Pro

    Contributor Level 10

    8

    Lawyers agree

    Answered . in most rearend cases Its the other drivers fault. So hope that they have insurance. If they do not have insurance you may not have any other recourse except against a person personal finances which may be very difficult. not having insurance is irrelevant when it comes to fault

  4. Clifford M. Miller

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Yes you can. The other driver will receive a setoff for the $10,000 of PIP insurance you did not carry. Above that, if you have a serious injury, your damages may be collectable. The property damage is recoverable regardless of your insurance or lack of it.

    As an aside, the insurance company has to send you a notice to cancel your policy effectively. Did it?

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  5. Manuel Alzamora Juarez

    Contributor Level 20

    7

    Lawyers agree

    Answered . I agree with both of my colleagues. However, hire a PI lawyer in your city or from AVVO to advise you regarding your particular situation. You may not be entitled to pain and suffering damages. Also, the Florida DMV may inquire about your lack of insurance as in most all states, it is required to have insurance to legally operate a vehicle. You may be facing suspension of your driver's license. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, retain a local lawyer in your city for representation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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