Got hit while uninsured — not my fault. Can I still go after their insurance?
Okay before anyone comes at me, I already know driving without insurance was stupid. I let my policy lapse about three months ago because I was barely keeping the lights on and kept telling myself I'd sort it out next paycheck. I never did. Lesson absolutely learned.
Here's what happened: I was heading home from work, totally sober, going the speed limit on a two-lane road. A pickup truck blew through a yield sign coming out of a parking lot entrance and T-boned me on the driver's side. There was zero warning — I barely even had time to react before the impact. My door is completely caved in, the side mirror is gone, and the frame looks bent. I had to get a ride home because the car wasn't going anywhere.
My shoulder took a serious hit from the door impact and my lower back has been tightening up ever since. I went to an urgent care the next morning and they took X-rays, said nothing's broken but told me to follow up because soft tissue stuff can get worse before it gets better. My coworker who was carpooling with me is also complaining about neck stiffness.
I got the other driver's insurance info at the scene and a police report was filed. The officer noted the other driver failed to yield — it's literally in the report.
So my question is: since it's clearly their fault, can I still make a claim against THEIR liability insurance even though I didn't have my own policy active? I'm worried they're going to use my lapsed insurance against me to deny everything. Anyone dealt with something like this?