If at the time of an accident, the other person fails to show valid insurance can they file a claim?

Asked about 1 year ago - Fullerton, CA

The other person showed insurance but it had expired 3 days earlier. There was no apparent physical damage to the car.

Attorney answers (7)

  1. David Lee Fiol

    Contributor Level 17

    7

    Lawyers agree

    Answered . Yes, they can still file a claim, although in most cases they cannot recover for pain and suffering. They can still recover for damage to their car and for medical expenses, wage losses and other out of pocket expenses related to the accident.

  2. Mariam Mary Margaryan

    Contributor Level 15

    7

    Lawyers agree

    Answered . The other driver can file a claim against you even if he/she did not have insurance at the time of the collision, but the other driver’s recovery will be limited to property damage, medical expenses, lost wages and other out of pocket expenses; but not pain and suffering. If you have insurance coverage, report the claim to your insurance.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any... more
  3. Sreenivasarao Vepachedu

    Contributor Level 14

    7

    Lawyers agree

    Answered . Yes, and you need to consult with your insurance.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . A claim against you? Yes. Report the matter to your insurer.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Eric Burton Strongin

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . If the other driver did not have insurance at the time of the accident the driver would be limited to recovering for economic damages only. This means he/she could recover nothing for pain and suffering. Perhaps it was just an old insurance card? Regardless, the fact that the driver did not have valid proof of insurance will have no bearing on a civil lawsuit unless the driver actually was not insured at the time of the accident. Failure to carry proof of insurance is a vehicle code violation that the driver could be cited for by the police. By itself, such an infraction does not help you.

  6. Kevin Coluccio

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you are asking whether or not you can file against the expired insurance coverage - not likely, however, I would report the matter to your insurance company.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, so report it to your insurance company

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