Visitor Question

Hit and run with no insurance?

Submitted By: Mary (USA)

My car was parked in a parking lot and someone backed into the front end of my car. I do not have insurance on my car and the person who hit it left the scene. Several days later I saw who I thought may have done it. I asked her if she hit my car. She admitted it and gave me her insurance info.

I called and tried to make a claim with her insurance but they asked about my insurance. Can they deny my claim because of me not having insurance? Is there some law I can reference or anything to make them pay the claim? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mary,

There should be no legal reason you have to give the driver’s insurance company your insurance information. Its pretty simple. The driver backed into you. She was at fault. She owes you an amount of money sufficient to pay for the damages to your car.

If the driver’s insurance company persists in requiring you to give them your insurance information and you do not agree to do so, they may not pay your claim. That’s fine. If they don’t, you can file a small claims lawsuit against the driver. If you do, the driver’s insurance company is bound to provide a defense.

From the facts you present, it appears it would be a lot cheaper for them to pay your property claim than defend a lawsuit, even if it is only a small claims lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 4, 2015

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