If I was involved in a collision incident and the at-fault driver does not have insurance and was driving with suspended license, how do I go about getting my car fixed?
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If I was involved in a collision incident and the at-fault driver does not have insurance and was driving with suspended license, how do I go about getting my car fixed?
I was about to start driving, backing out of park’s parking lot on a hill as the other car started to roll down the hill. I was not able to drive forward on time to avoid it. It was unexpected since we saw them changing the tire on that car, however apparently they did not have the e-brake on or stoppers for the front tires. The kid is driving on a suspended license and no insurance, do not want to get him in further trouble but do want my car fixed without me paying out of pocket at this moment, I have plans with the family and really cannot afford even the deductible. It also does not seem fair to have to pay if I’m not at fault.
Asked on July 31, 2019 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can file an uninsured motorist claim with your insurance company for the property damage (cost of repairs) to your car.
Your other option is to sue the at-fault party for negligence. Depending on the amount of your property damage,you may be able to file your lawsuit in small claims court. You can enforce a monetary judgment with a wage garnishment.
If you have uninsured motorist coverage, it would be preferable to file your uninsured motorist claim.
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