I was rear ended by a car it was his fault. When I got my insurance card out I realized it was exoired. The faulted party will still hae to take care of the damages correct?
3 Answers from Attorneys
Hi. I am a Missouri car accident and personal injury attorney that handles claims in most parts of the state.
There are a few issues that are relevant in the determination of whether the other driver's insurance will pay for the damage to your vehicle, and/or any medical bills you may have accrued from the accident. One of the issues is what the police report states, and whether you or the other driver were issued any citations at all. Also, whether the police report noted that you did not have insurance at the time of the accident is important to know. Generally speaking, rear-end auto accidents are presumably the fault of the party that rear-ends the other vehicle, but there are some exceptions, and, it would certainly be advisable to discuss with an attorney before having any communications with the other driver's insurance company. The insurance company will very likely record your entire conversation, and can use anything you may say against you in the future.
Furthermore, there are precautions you should take to be sure that the other insurance company offers the correct amount of compensation to cover all of your costs. A bit more detail would be needed, however, to determine what costs you should be able to recover from the other driver's insurance company.
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Yes. Your expired card has no effect regarding the liability of the other party.