What to do if a friend of mine with no license was driving my car and someone slammed into the rear of the car and fled the scene?

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What to do if a friend of mine with no license was driving my car and someone slammed into the rear of the car and fled the scene?

I was in car when it happened. Can she get in trouble for driving my car with no license during an accident that was not our fault?

Asked on May 28, 2013 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although your friend could be cited for driving without a license, that is not the main issue here since she was not at fault in the accident.

If the hit and run driver is apprehended, that driver will be charged with leaving the scene of an accident.  If that driver or the registered owner of the car that person was driving had insurance, you can file a claim for your property damage with that insurance company.  If that hit and run driver is either not apprehended or is apprehended and there isn't any insurance, you can file an uninsured motorist claim with your insurance carrier for the property damage to your car.  However, when your insurance company learns that you allowed an unlicensed driver to drive your car, your insurance carrier might deny your uninsured motorist claim.  If you don't have uninsured motorist coverage on your policy, you won't be able to file an uninsured motorist claim.

If the hit and run driver is apprehended, doesn't have insurance and your company denies your uninsured motorist claim, you will need to sue the hit and run driver for negligence to recover compensation for the property damage to your vehicle.  After you obtain a court judgment against the hit and run driver, you should proceed with a wage garnishment to enforce the judgment.  If the hit and run driver is not the registered owner of the vehicle he/she was driving, your lawsuit for negligence should name both the registered owner of the vehicle and the hit and run driver as defendants.


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