You had a lapse in coverage?? Guess what? You're screwed.Your only recourse would be to see an attorney and go after the other driver for the excess.Talk to one, usually the first consoluation is at no charge. If he had 10,000.00 coverage, that's all you're going to get from his ins co.

No matter how much damage happened, the most that the other driver's insurance must pay is the amount of coverage that he had OR the amount of coverage that is required by the laws of the state where the accident happened, whichever is more. You can sue that other driver for the entire amount of damage (probably the value of the car). However, even if you win, the most that the other driver's insurance must pay is the amount of coverage that he had OR the amount of coverage that is required by the laws of the state where the accident happened, whichever is more. The other driver is theoretically required to pay whatever the court awards you in excess of the amount that the insurance is required to pay, but may not actually have that much (or any) money to pay you.I am unclear on how you had a lapse in coverage. I was not aware that any lender on a vehicle on which $21,000 is owed would allow a person without coverage to keep the vehicle without getting insurance.

In your question you said that 10,000 was the coverage that he had.If that means that his policy limit for property damage is 10,000 per occurrence - then 10,000 is the most his insurance company can pay regardless of how much damage he caused. If you had not let your policy lapse- you then would have contacted your insurance company and filed an under-insured motorist claim (had you purchased that coverage). But since you were driving around with no insurance - you really are not in a position to complain about the other driver having small limits. After all---his driving around with small limits is more responsible than your driving around with no insurance at all! (and not knowing your insurance lapsed is not an acceptable excuse). Sure you can hire an attorney. But be aware - that his fee will be 1/3 of your settlement plus expenses. The insurance company is not going to add more to the value of the claim to pay the attorney - so you can pocket the same amount. It's your choice to hire an attorney and it's your responsibility to pay him. All an attorney does is change who the adjuster talks to. It really has no bearing on the amount of the claim.Also - adjusters talk to attorneys all the time. Contrary to what the TV ads say - we are not afraid of lawyers. **not to be taken as legal advice**