If someone hit my car who had no insurance, how doI get them to fix my damages?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone hit my car who had no insurance, how doI get them to fix my damages?

A lady hit my car. How do I get this persons number so I can get her to cover the damages on my car?

Asked on December 29, 2011 under Accident Law, Missouri

Answers:

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

Answered 12 years ago | Contributor

If you don't have contact information for the person who hit your car, that will be a problem.  If there was a police report of the accident, it may have contact information for the other driver.

If you obtain her information and if you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim through your insurance company which would pay to have your car repaired.

If you don't have uninsured motorist coverage, you will need to sue the other driver/registered owner of her vehicle if the registered owner is someone other than the at-fault driver for negligence.  You will need to have the summons and complaint (complaint is the lawsuit attached to the summons) served on her.  If you don't know her address, it is possible that the process server can do a skip trace and locate her.

Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your vehicle.  You will need to mitigate (minimize) damages by selecting a repair shop whose charges are comparable to other repair shops in the area.  If you selected the most expensive repair shop you could find, your damages would be reduced accordingly.  If you need a rental car while your car is being repaired, the cost of the rental should be included in your damages.  Again, you will need to mitigate damages by selecting a rental car with a reasonable rate.  If you selected the most expensive rental car you could find, your damages would be reduced accordingly.

Depending on the amount of your damages, you might be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs which would be the court filing fee and process server fee.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption