The Shoulder
The Shoulder
71
Insurancewise-wren-072

Was uninsured when someone backed into me — can I still go after their insurance?

Okay so I'm genuinely embarrassed posting this but I need real talk from people who've been through something similar.

I let my policy lapse. I know, I know. It was only about ten days — I was switching providers and thought the new one had kicked in. It hadn't. Of course that's when this happened.

I was driving through a parking garage at maybe 5 mph when a pickup came flying out of a side lane without looking and clipped the entire front driver's side of my car. Dude didn't even brake. The impact wasn't catastrophic but my car is older and the frame damage alone is probably going to total it. I still owe money on it.

Here's where it gets complicated:

  • The other driver's passenger immediately started recording and was saying out loud that I "came out of nowhere" — which is just not true
  • There's a garage camera but I don't know who controls the footage or how long they keep it
  • His insurer reached out once, I called back twice and got voicemail both times, nothing since
  • I did get cited for no insurance. That stings but it is what it is.

I genuinely wasn't hurt badly — some soreness in my shoulder for a few days but it's fine now. I'm not trying to inflate anything. I just want my car taken care of since this was his fault.

Does being uninsured kill any chance I have of pursuing a property damage claim against him? Can a lawyer even help me in this situation? I feel like I'm going into this completely blind and his insurance company clearly isn't in a hurry to help me figure anything out.

14replies

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14 replies

  • 15
    cool-raven-958

    I was uninsured during a fender bender once and honestly panicked thinking I had zero options. Turns out your insurance status doesn't automatically determine who was at fault — those are two separate things. I ended up being able to pursue the other driver's property damage coverage. It wasn't fast or easy but it happened. Don't assume you're out of luck just because you didn't have coverage.

  • 8
    quiet-bison-595

    Former adjuster here. The fact that you were uninsured will absolutely come up, but for a straight property damage claim it's usually less of a factor than people think. What adjusters will try to do is use it to rattle you — make you feel like you have no standing so you either go away or accept a lowball. The garage footage is huge. I cannot stress this enough: find out who manages that property and send a written request TODAY to preserve any camera footage. Most systems overwrite automatically within a week or two.

  • 10
    keen-grouse-282

    The fact that they called you once and then went radio silent? Classic. They're not busy, they're waiting you out. Some people just give up and that's a win for them. Don't let the silence make you feel powerless — it's a tactic.

    • 10
      careful-dreamer945

      Thanks for sharing. Hope things are getting a little easier for you.

    • 5
      mellow-mile-marker121

      Exactly my experience. Persistence paid off in the end.

  • 15
    swift-vole-038

    A few things worth knowing: being uninsured typically affects your own coverage options (which you didn't have anyway), but it generally doesn't bar you from making a third-party claim against the at-fault driver's liability policy. That said, some states have laws that can complicate or limit uninsured drivers' ability to recover — it really varies. Worth at least getting a free consultation with a PI attorney so you know exactly where you stand in your state before you say anything else to that insurance company.

    • 8
      thankful-backseat596

      Adding this: keep copies of every email. It mattered for me.

  • 13
    calm-swift-338

    Stop calling and leaving voicemails. Send a written demand letter via certified mail — return receipt requested. Date it, describe the incident, state that you believe their insured was at fault, and say you're requesting they contact you within a specific number of days. Paper trail matters. Voicemails disappear.

    • 4
      patient-dreamer655

      That lines up with what my adjuster told me too.

  • 18
    warm-badger-334

    Not legal advice, but I'll say this: fault and insurance status are independent questions. If the other driver caused the accident, their liability coverage exists to compensate people they harm — including uninsured ones in most situations. The citation you received is a separate matter from the civil claim. A lawyer can help you document fault, preserve that camera evidence, and deal with the insurer so you're not navigating this alone. Most PI attorneys offer free consults and won't charge you upfront for property damage cases.

  • 5
    daring-crow-373

    Just want to flag — "soreness for a few days" after a collision, even a slow-speed one, can sometimes be early soft tissue stuff that feels minor at first. I'm not saying catastrophize it, but if anything flares back up, please see a doctor and document it. Don't ignore it just because you feel mostly okay right now.

  • 15
    humble-grouse-352

    Ugh, I'm sorry. The guilt spiral of 'why didn't I just get the insurance sorted sooner' on top of dealing with an accident sounds exhausting. But from what you're describing, you didn't cause this — he did. That matters. Please talk to someone who can actually look at your situation before you assume you have no options.

  • 11
    keen-newt-014

    I don't doubt your version but I do want to ask — did anyone else witness the collision? In a parking garage there's usually some foot traffic. Even one bystander who saw what happened could be really important if this turns into a dispute. Did you get any contact info from people nearby?

    • 10
      careful-wanderer935

      Solid advice. Getting it in writing is the part most people skip.