What to do if someone else driving my car that I didn’t even know and totled it?

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What to do if someone else driving my car that I didn’t even know and totled it?

It flipped 3 times but no other car was involved. I only had liability insurance. The driver was the only one injured out of three. I can’t get the accident report because I haven’t been able to get the boys full name and driving license number. In and out of the hospital states his dad. He told me after I finally talked to him on the phone that he would replace my car. Since then nothing except them wanting my insurance info. I am disabled with no transportation. The boy is Hispanic and I don’t know if he is even legal.

Asked on April 17, 2013 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was no other driver who was at-fault, then the only way to get compensation is either 1) by putting in a claim under your own insurance policy; or 2) suing the other driver. However, if you only had liability insurance, your policy will almost certainly not cover you--it's worthwhile reviewing the policy in detail to check, but it generally not cover damage to your own vehicle. And if the driver who totaled your car does not have assets or income (or his family does not assets or income, if he is a minor), then a lawsuit may not get you anything, since even if you sue and win, if he has no money, there is nothing to recover.


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