hahha youre screwed...
you do or your insurance does.
any time you are rear ended, it is the other driver's fault, from an insurance standpoint. if you have comp and collision, your insurance company will get you a replacement vehicle. If you only have liabiliy, i am sorry to say, you get nothing.
You should still attempt to get insurance information from the other driver. Unless that person has rendered payment for your damages, your expenses will be your own. The other option is to sue the person if they will not pay voluntarily.
Whoever did the rear ending usually
The other person can sue you because you are at fault for the accident.
The presumption is that if you were rear ended, the other driver is at fault. The brake lights not working is a mitigating factor, but the bulk of the blame still goes with the other driver. Insurance doesn't have any relation to fault. But it coculd get you a ticket.
You're an a-hole. GET SOME INSURANCE!
The only thing you can do is, sue the other driver for the damages to your car. Since he was not insured, chances are, he is irresponsible and you may have to find a way to enforce your judgment on your own.
The police usually give a ticket to the person who got rear-ended. If they have insurance, the insurance company sometimes do an investigation to determine who was at fault for insurance purposes. Also, personally I would obtain an attorney who specializes in traffic law and ask their professional advice.
I was rear ended a while ago by a person who was renting a vehicle. She had insurance on the rental and her own vehicle through Safe Auto. Hopefully you exchanged info. with the person that rear ended you! In my case, we exchanged info. Her insurance called me but had told me that since she had rental insurance that the rental place would cover the damages to my vehicle. That was a lie on Safe Auto's behalf. Safe Auto was liable for the damages to my vehicle and after getting on them about my claim through them, I was finally reimbursed. Point being that the claim should be filed through their (the person that rear ended you) insurance company. If you didn't get any of the other person's info. then I would suggest talking with your own insurance company.
If she was driving your vehicle, with your premission, it would fall under your insurance and they would have to pay for the other drivers vehicle