If my car was parked when someone hit it and totaled it but I don’t have insurance, what can I do?

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If my car was parked when someone hit it and totaled it but I don’t have insurance, what can I do?

Asked on June 18, 2015 under Accident Law, Rhode Island

Answers:

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

Answered 6 years ago | Contributor

If the driver who hit your car is identified, you can file a property damage claim with the at-fault party's insurance company.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

If the at-fault driver is unknown, unless the police arrest and/or identify the person, unfortunately without insurance you won't recover any compensation.  If you had had auto insurance with uninsured motorist coverage, you could have filed an uninsured motorist claim through your company even if the hit and run driver was unknown, and you would have received compensation for the property damage to your car.

If this was a hit and run and the at-fault party is unknown, if apprehended by the police and the individual does not have insurance, your recourse would be to sue the at-fault party for negligence.  After you get a court judgment against the individual, you can enforce the judgment with a wage garnishment.

 


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