If I was in a car accident for which I was not at fault but the other driver wasn’t insured, what can I do?
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If I was in a car accident for which I was not at fault but the other driver wasn’t insured, what can I do?
I was in a car accident. The cops showed to the scene and gathered each person’s information. The other driver was taken to the hospital so I wasn’t able to get his insurance information. New Link Destination
day I got the police report and it stated that it was the other;s drivers fault and on the paper showed that he had insurance. When I called his insurer they told me that my claim was declined by the fact that the driver no longer had coverage and they told me there was nothing they were able to do. So now I’m panicking because I have to pay everything when it was not even my fault. Is there anything that I can do towards this situation? Is it worth taking this case to court?
Asked on February 8, 2016 under Accident Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have uninsured motorist coverage, you can file a property damage claim (cost of repairs to your car) through your insurance company. If you were injured, you would also file a separate personal injury claim as an uninsured motorist claim through your insurance company.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.
If you sue the at-fault party and get a judgment, you can enforce the judgment with a wage garnishment and/or lien on his property.
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