If I was hit by an uninsured driver, what do I do?

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If I was hit by an uninsured driver, what do I do?

My girlfiend had just bought this vehicle 2 months ago. About 3 weeks ago, I was involved in an auto accident that involved 4 vehicles; 3 of the 4 vehicles had to be towed. My vehicle was not as I had very minor damage. The fault was not mine; it was clear who was at fault on the police report. However, the driver did not have insurance. I have full coverage but do not have uninsured motorist coverage (I know stupid). So if I was to use my insurance I have to pay the $500 deductible which I cannot afford. The guy who is at fault is like 67 years old so probably gets a check from the state. How do I go about filing a lawsuit for the damage?, I don’t have money to pay a lawyer up front so what is my best option right now?

Asked on May 23, 2017 under Accident Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the circumstances, since the at-fault driver was uninsured and you don't have uninsured motorist coverage, then you'll have to go through your insurer and sue the other driver in small claims court for the amount of your deductible ($500) or not use your insurance an sue the at-fault party for the full amount of your damages (i.e. use of loss of your vehicle, rental car expneses, etc.).


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