Q: What should I do if the operator that hit me is not insured and it is 100% their fault?
I was rear ended a few days ago. The operator of the vehicle who rear ended me is not the owner of the vehicle. Police came and are filing a report. She is found at fault due to me being stopped completely when she rear ended me. When Police run her license and Plate number, her insurance is still active. When I filed and claim with her insurance company, her insurance company informed me that her premium has lapsed on 08/23 of this year and is no longer active so they can't file claim. I would have to file with my own insurance and pay the deductible because they will not waive the deductible fee due to me not having the "waiver" option on it when I first purchased the insurance 8 years ago. She shouldn't have been driving the vehicle to begin with and now I don't know how to go about it to get her or the owner of the other vehicle to pay since I was 100% not at fault.
A: First, maybe the owner has insurance. If you were hurt, why not contact a member of the Mass Academy of Trial Lawyers--they give free consults, and will help you through this.
If you have collision, yes you pay the deductible but they will go after the other person and their driver and get it out of them.
However you have rights as far as medical payments so I really suggest you contact an MATL member in the county where the wreck happened.
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