If an uninsured driver totaled my vehicle when he ran a stop sign, how doI sue him for damages?

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If an uninsured driver totaled my vehicle when he ran a stop sign, how doI sue him for damages?

Asked on December 26, 2011 under Accident Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If an uninsured motorist caused the vehicular accident, you need to contact your insurance company and see if the insurance company would pay to repair your vehicle, cover any medical costs and other out of pocket expenses and then sue him for reimbursement. Keep in mind, this may be a sign that the motorist is judgment proof, which pretty much means that no matter what you do, you may not get your costs back.  Talk to the insurance company first. Also contact your state's insurance department that regulates insurance companies and see what they have to say about your insurance company's requirements and responsibilities to you. Contact the department of motor vehicles and see if there are penalties for such accidents caused by uninsured motorists such that licenses can be suspended until you are paid back.


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