Auto accident where at fault party claims to have no insurance

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Auto accident where at fault party claims to have no insurance

What steps can I take in order to find out if the person who hit does or does not
have auto insurance? If they do, how can I find out who it is so that I can make
a claim?

Asked on August 10, 2016 under Accident Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You sue that person: in the course of the lawsuit, you will be able to determine if they have insurance, which insurer (if they have insurance) may choose to settle or voluntarily pay you. But note: it is *voluntary* for the other driver's insurer you to pay you, unless you sue their insured and win, getting a court judgment requiring payment. That is why you sue: not only to get information, but because if you prove in court that the other driver was at fault, you can get a court judgment requiring them or their insurer to pay.


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