If an uninsured, unlicensed car is parked on the street and was damaged in a hit and run, will the at fault driver’s insurance pay?

UPDATED: Sep 30, 2022

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If an uninsured, unlicensed car is parked on the street and was damaged in a hit and run, will the at fault driver’s insurance pay?

Witnesses got a license plate number and called police, who filed a report. What are the options for damage payment? Will the other driver’s insurance if they are insured pay for it? What other

options for damages are there? Is the owner of the parked vehicle subject to fines for the lack of insurance and registration?

Asked on August 10, 2016 under Accident Law, Oregon


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

Answered 6 years ago | Contributor

If the registered owner of the hit and run vehicle has insurance, a claim for property damage (cost of repairs) can be filed with that insurance company.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against both the registered owner and hit and run driver if they are not the same individual.
 A court judgment against the registered owner/at-fault driver can be enforced with a wage garnishment.
Depending on the amount of damages you are seeking in your lawsuit, you may be able to file your lawsuit in Small Claims Court.  In addition to the cost of repairs to the vehicle, damages upon prevailing in the case should include court costs which include the court filing fee and process server fee.
The owner of the parked car will be subject to fines for lack of insurance and registration. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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