Q: I am uninsured driver and my car was smashed by an insured driver who ran a red light
I have the claim number and was told to go to a shop and get a quote. Am I allowed to get my car fixed or to accept payment since I am not insured?
A: Yes. That's the quick answer. It appears that you have a very easy claim with regard to liability. If someone runs through a red light and smashes into your car, it is hard to think of a situation where they are not at-fault. The fact that you are not insured means that you cannot recover for non-economic losses, such as pain and suffering, emotional distress, etc. You can recover for your economic losses which are things like medical bills, lost wages, and damage to your property, such as your car. It is always best to ensure that you insure! Best wishes moving forward, and I hope you are doing well physically. Remember you can get medical bills paid and there may be PIP, (Personal Injury Protection) to pay medical expenses, available from the at-fault driver's insurance carriers. This is worth checking into.
A: Even though you were at-fault for the accident, you are entitled to get your vehicle fixed. However, you may be precluded from receiving non-economic damages for your pain and suffering if you were injured if you have not been insured within the last 6 months, assuming the accident was in Oregon.
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