Visitor Question

Three-car collision where at-fault driver has no insurance?

Submitted By: diannanonymous (Phoenix, Arizona)

There was a rear end collision, where my daughter was stopped and a vehicle hit her back at 40 miles an hour, causing her to hit the vehicle in front of her.

The car that caused the accident did not make their insurance payment the day before the accident, so they had no insurance. My daughter was driving my truck but we only had full coverage, no comprehensive or collision.

Is there anything I can do? The owner of the car that hit us does own a home.

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 diannanonymous,

Your first consideration should be whether the driver who’s car was struck by your daughter intends to pursue you and your daughter for injuries that they, and possibly the driver’s passenger(s) may have sustained.

If so, and you do not have liability insurance, you both may be in a precarious position. Failing to have liability insurance might expose you and your daughter to personal liability for any injuries the driver and her passengers may have sustained, and for their resulting medical bills. Their insurance company may pursue you and your daughter in addition to the at-fault driver who struck your daughter.

If the driver who struck your car refuses to pay for the repairs to your car, or if the driver refuses to pay your medical bills, you have the right to pursue the driver personally. To do so, consider filing a Small Claims lawsuit. In the state of Arizona, small claims courts have jurisdiction to hear cases up to $3,500.

If your damages are much in excess of $3,500, you would be best advised to consult an attorney.

Learn more here: Multi-Vehicle Accident Claims

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 with your claim,

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