in car acciddent neither one of us have imsurance what can i do she hit me the car is not in her name

UPDATED: Apr 25, 2019

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in car acciddent neither one of us have imsurance what can i do she hit me the car is not in her name

in the process of getting insurance my insurance elapsed back in february

Asked on April 25, 2019 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the other driver: not having insurance doesn't mean they don't have to pay, it just means they don't have insurance to pay for them. You can get a judgment against a driver who was at-fault (driving carelessly) in hitting your car, which he or she will have to pay out of pocket. (And if the don't pay, you can potentially garnish their wages.)
You can also sue the car's owner: the owner of a vehicle is liable (responsible) for what those he or she let's drive his or her car do (i.e. for their accidents, if they are at fault).
You should in fact sue both the driver and owner, to maximize your change of recovering money.
If the amount is less than the limit for small claims court, suing in small claims court, as your own attorney ("pro se") is a fast, cost-effective option.

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 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.

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