Auto Insurance Claims: Auto accident with expired car tags, liability question


Question
Hello,

I was involved in a MVA Dec. of 2010. A uninsured motorist ran a red light at a intersection, causing me to hit him in the side. I have liability insurance on this vehicle, which my tags have lapse due to repairs and wouldn't pass inspection.

There were witnesses and the person I hit was ticketed by the police. I sustained multiple injuries and my car was totaled. My thoughts are to hire an attorney to seek compensation for medical expenses.

I was wondering if this would be held against me in a legal matter. In addition to, the person I hit was an illegal immigrant without valid drivers license or ID.

Thanks

Answer
Mike,

  I'm sorry for the delayed response, I've been out of pocket.  As for your situation, don't worry.  Not having valid tags has nothing to do with who is responsible for damages in an accident.  Neither does being an illegal immigrant.  I would think you'll have a pretty hard time getting money from an uninsured motorist, but there are certain things a person could do.  Check out who the owner of the other vehicle is (I bet it isn't the illegal immigrant).  If I'm right, then go after the owner and their driving privileges for negligently entrusting their vehicle to an unlicensed driver.  This may sound simple enough, but I would urge you to contact somebody experienced in this (a subrogation professional in your state could tell you the options you have if they are sharp).  

  Again, whether you have a valid license or not and whether you have current tags, and anything else that is not related to the "action" that caused the wreck and damages won't likely affect the outcome on your case.  They ran a red light and caused the accident and ensuing damages, that is all that matters.

I hope this helps!  Sometimes it's just in the petty details.