What are my rights if I was driving my boyfriend’s truck and was rear-ended by an uninsured driver?

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What are my rights if I was driving my boyfriend’s truck and was rear-ended by an uninsured driver?

We exchanged information and she told me that she would pay for the damages

out of pocket. I got a quote for the damages a few days later, just shy of $900. When I originally contacted her with the estimate she asked for a month to come up with the money and I obliged. Since then she keeps putting off the payment and has not responded to my last 3 texts. I just want her to pay for the damages she caused. I don’t want to start a lot of issues for anyone but I don’t know what my options are at this point.

Asked on June 11, 2017 under Accident Law, California

Answers:

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

Answered 4 years ago | Contributor

I assume you were not injured in the accident since you didn't mention it.
If the accident is property damage only, your boyfriend, the registered owner of the vehicle, should file a property damage claim with the at-fault party's insurance carrier. 
If the case is not settled with the at-fault party or her insurance carrier, your boyfriend (the registered owner of the vehicle you were driving) should sue the at-fault party for negligence.
Depending on the amount of damage to the vehicle, it may be possible to file the lawsuit in small claims court.  Upon prevailing in the case, your boyfriend can recover his damages (cost of repairs to the vehicle) and court costs which include the court filing fee and process server fee.
A court judgment against the at-fault party can be enforced with a wage garnishment.


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