Auto Insurance Claims: Auto Accident - No Insurance, thank your lucky stars, muscle relaxers

Question
Hi,

I was involved in a car accident where I was at a stop light and was hit from behind.  The lady, who was older got out to see if I was okay and apologized because she was on her phone and was not paying attention.  She told the same story to the police officer who showed up.  My issue is, my insurance coverage ended and I was waiting until I got my next paycheck to switch companies and get coverage again. I got paid THE VERY NEXT DAY...but apparently a day late and a dollar short. There is substantial damage to the rear and side panel of my car.  Since I didn't have coverage until the next day, where does this leave me?  Can I file a claim with her insurance company alone since all parties involved know that she was 100% at fault?  Does this also include injuries?  I have a swollen shoulder and pain down my left side and a headache that will not go away.  I saw my physician and he gave me pain pills and muscle relaxers, but can I be compensated for these expenses through her insurance?

Answer
Hi Tracy-

Thank your lucky stars that you were not at fault.  You can turn in the claim to her insurance company.  Your insurance company may help you with it, even though you weren't in force at the time.  If not go ahead and call her company directly and turn in the claim and they should work with you.  
They should take care of all of your medical bills plus up to 2x that for pain and suffering. The settlement for your car should happen fairly quickly.  They should pay for a rental car as well.  The injury settlement often takes up to 2 years depending on how long you continue to need treatment.  

Sheldon Maughan
Sacramento, CA