An Uninsured Person May Still Make Third Party Damage or Personal Injury Insurance Claim

by Faye C.
(Maryland)

I rear-ended a man who didn’t have an automobile insurance policy? Can he still make a personal injury claim against my insurance company? Mandy P., Eldersburg, MD.


Yes, he can. A person cannot be penalized for their own lack of financial responsibility when they are damaged or injured in an automobile accident through the fault of another person. His lack of automobile insurance does not prevent him from pursuing a third party personal injury claim against your insurance company. It does mean that he does not have any first party coverages such as Personal Injury Protection (PIP) or Medical Protection Coverage (Med Pay) available to him. Your automobile liability coverage will most likely be his only opportunity for recovery unless he has personal medical insurance that he is able to submit his medical bills to.

While this may make you feel that this guy is getting away with something (and he may have been if he lives in a state that has mandatory insurance laws), you should feel good that you were responsible enough to carry automobile insurance. Otherwise, you would be unprotected against his personal injury claim and could face personal financial exposure.

This article is approved for informational purposes and is not intended to take the place of competent local legal counsel.

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