What to do if my uninsured parked car was hit ny an uninsured driver and totaled in front of my house while legally parked on the street?

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What to do if my uninsured parked car was hit ny an uninsured driver and totaled in front of my house while legally parked on the street?

Can I still be compensated?

Asked on May 28, 2013 under Accident Law, Indiana

Answers:

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

Answered 8 years ago | Contributor

Since you did not have insurance and the at-fault party did not have insurance, you will need to sue the at-fault party for negligence in order to obtain compensation.  Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the value of your car.

After you obtain a court judgment against the other party, you should seek a wage garnishment to enforce the judgment.

Prior to filing your lawsuit, if the at-fault driver was not the registered owner of the vehicle, the registered owner of the vehicle is liable and may have had insurance, file your property damage claim with the insurance carrier.  If the registered owner did not have insurance and is someone other than the at-fault driver, name both the registered owner and at-fault driver as defendants in your lawsuit for negligence.


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