Auto Insurance Claims: No insurance, other driver at fault., insurance co, insurence

Question
I was involved in an accident where the other driver was cited on the spot by the police stating he failed to yield. The police took my both parties info - at the time I thought my insurance was valid, but later found out it had lapsed over six months ago.  I did not notice they were not automatically taking payment form my bank account and have no insurance since.

However, since the other party has insurance, and they were at fault as the police stated thru the ticket written, and the witnesses noted by them also, is the other driver still supposed to cover the repairs and possible total of my car? And can I file the claim by myself?  According to a friends father who is a lawyer, the police are supposed to verify the information provided, and that the other insurance co is waiting on my call. As soon as a get a copy of the police report, I will contact the other co and make a claim.  There are no bodily injury claims.

Answer
Hi Earnest,

One has nothing to do with the other.  If you were not at fault in the accident, then the at fault drivers insurance has to pay for your damage. The fact that your insurance lapsed makes no difference.

Go ahead and make the claim with the at-fault drivers insurance and all should be fine.  Just remember to get your own insurence started again before something else happens.

I hope this helps
Richard Hixenbaugh