If I was involved in an auto accident but found out that my insurance was cancelled without my knowledge, what happens now?
Question Details: The other party driving a motorcycle was at fault and hit me head on and totalled my car. Even though my insurance was cancelled, didn't have proper coverage at the time of the accident and I was not at fault, am I still entitled or have the right to collect damages from the at fault party?
The fact that you didn't have insurance is irrelevant because the other party was at fault in the accident. You can file your property damage claim with the at-fault party's insurance company.
If the case is settled with the at-fault party's insurance company, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
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