A claim against you? Yes. Report the matter to your insurer.
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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.
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 attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.
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 attorney. Such information is intended for general informational purposes only.
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.
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