What canIdo if Igot hit by another car in a parking lot and they have no insurance and are not willing to pay for the damage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What canIdo if Igot hit by another car in a parking lot and they have no insurance and are not willing to pay for the damage?

Asked on November 8, 2011 under Accident Law, Arkansas

Answers:

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

Answered 12 years ago | Contributor

If you have uninsured motorist coverage in your auto insurance policy, you can file an uninsured motorist claim with your insurance company.  This will enable you to have your car repaired.  You should also ask your insurance company if it will pay for a rental car while your car is being repaired.

If you don't have uninsured motorist coverage, then you will need to sue the other driver for negligence.  Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your car.  You will need to mitigate (minimize) damages by selecting an auto repair shop whose charges are comparable to other auto repair shops in the area.  If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.  Your damages in your lawsuit against the other driver would also include the cost of a rental car.  Again, you will need to mitigate damages by selecting a rental car with a reasonable rental rate.  If you were to select a very expensive rental car, your damages would be reduced accordingly.

Depending on the amount of your damages, you may be able to file your lawsuit in Small Claims Court.  In addition to the above items under damages, your damages should include court costs which would be the court filing fee and process server fee.

If you miss time from work due to lack of transportation, etc. resulting from the accident, you could include documentation of wage loss in the damages you are seeking to recover in your lawsuit against the uninsured driver.

 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Assuming that you believe the other driver was at fault--that is, he either deliberately hit you, or was driving carelessly (negligently)--you would sue him to seek recovery of your losses. (Remember: you can only recover for actual losses, so actual cost to fix your car, medical costs, lost wages, or--for serious injuries--some amount for pain and suffering.) If he had insurance, his insurer would step in to defend in and, if he lost, pay (or alternately, to settle the claim). Without insurance, you would have to recover the money directly from the other driver. That means that if you believe he has little or no income or assets, it may not be worthwhile suing him--you could spend money on the lawsuit, but then be unable to get anything.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption