My auto insurance lapsed and I got into an accident. Can I still get it reinstated if I file a loss with small claims?

Question

I was in an accident where I was not at fault. Due to financial hardship my insurance lapsed 12 days prior, I have until the end of the week to reinstate it. Checking with my ins company, it says I can reinstate the insurance if I provide a statement of no loss for the lapsed period.

The at fault driver claims they have insurance but has failed to provide this information. I don t think the damage is over $10,000 and would like to take them to small claims court as that is the limit in my state.

If I were to collect on the accident without going through my insurance co, could I still get reinstated? Filing a statement of no loss is a requirement to reinstate the policy.

Anonymous · Accepted Answer

You've had a loss. You can't reinstate.

Traci · Answer

1

lucy · Answer

Your insurance "may" reinstate your policy, even if you are honest and tell them about this accident, (but), they will reinstate as of today, vs 12 days ago.  So, you would have insurance, but, would not cover the accident you had PRIOR to reinstating your insurance.

Yes, you can file in small claims court, but you will need an estimate of your damages as the basis of what you are suing them for.  But, once you sue, then he notifies his insurance and his insurance lawyers will defend him in court.

What state has a $10,000 max in small claims?  Does that state have a no pay/no play law?

If, he did not provide his insurance info, do you have his name/address/phone?   You need that info to file a small claims suit, so he can be served.  What about a license plate #?

28AKO · Answer

you aren't going to be covered by your insurance company cause you had no insurance time of accident

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My auto insurance lapsed and I got into an accident. Can I still get it reinstated if I file a loss with small claims?

4 Answers