Can I file a claim for a car accident through the at fault driver's insurance?
Question Details: I was rear-ended and filed a police report but my insurance is relapsed. Can I still file a claim through the other drivers insurance if they are at fault for my car's damage?
You can contact their insurer and see if they will pay, but remember: they are the other driver's insurer, not yours. They may choose to pay voluntarily to settle the case, but are not required to do so--their legal obligation to their driver, to defend him in court and pay any amounts (up to policy limits) a court orders him to pay. Anything they offer or pay without you getting a judgment against their driver is voluntary on their part. So you can contact the insurer and see if they will pay; if they won't, you can sue the at-fault driver. If the amount at stake is less than your state's small claims limit, suing in small claims, as your own attorney, is a fast, cost-effective option.