California law restricts owners and operators of motor vehicles injured in a motor vehicle accident from recovering compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages if the injured person was not insured at the time of the accident
If you were involved in an accident with this person then their insurance information will be listed on the accident report. If you were not involved in an accident then it is not your business who they have insurance with. Much of this is covered by the privacy laws so if you really have to know ask the person.
Liability insurance for drivers is a requirement in the state of Mississippi. The other party involved in this accident does not have insurance. I do have liability insurance. The accident was not reported although law enforcement was called and an accident report was completed. The other party now wants me to fix her automobile. What are my rights in this situation?
1) Your insurance company receives your driving record from your DMV. If you are in an accident and it is reported to the police, they will add that accident to your driving record. 2) When you are in an auto accident, the insurance companies of everyone involved are notified when people submit claims.
Unfortunately, you left out critical details, such as how and where the accident occurred, who was at fault, whether all involved parties are insured, and of what "pain and suffering" you are referring. Regardless, "pain and suffering" is a matter for the courts, not the insurance companies. As with any other case, at least in the USA, if the courts decide that "pain and suffering" is warranted, then the offender's insurance company would, most likely, appeal the ruling. If the appeal fails, then that insurance company is obligated to pay, assuming that the at-fault driver is so insured; otherwise, the offender's insurance company would not be involved at all, except for peripheral details, and the offender would take the brunt of the claim. If the offender wins the appeal, then the victim should appeal. As you can see, this can take a lot of time, money, and effort.
Usually if an accident is determined not to be the insured's fault, then their insurance rates will not rise as the insurance company did not lose any money from covering the driver involved in the accident. If the accident is determined as being inconclusive, the rates may rise some, to adjust for the amount of money the insurance company lost in the accident.
If you were driving someone elses vehicle and involved in an accident whether it be fatal or not then the person who owns the vehicle should have insurance on it and then the accident would be covered on that policy but if it goes over the amount that they have then its possible for yours to kick in and pay any extra.
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