What are my rights if I was driving my girlfriend’s SUV and was rear-ended by an uninsured driver?

UPDATED: Oct 1, 2022

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What are my rights if I was driving my girlfriend’s SUV and was rear-ended by an uninsured driver?

I was not at fault. The other driver and I exchanged information and he told me that he would pay for the damages out of pocket. I got a quote a few days later for about 1200. When I contacted him with the estimate he asked for more time to come up with the money and I agreed. However, that was 2 months ago and he keeps putting off the paymen. I just want to pay the money since at this point I have already had my car fixed. What are my options are at this point?

Asked on December 2, 2018 under Accident Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your girlfriend, the registered owner of the vehicle, should sue the other driver for negligence.Due on the amount of damages to the vehicle, she can probably file the lawsuit in small claims court. Upon prevailing in the case, your girlfriend can recover the cost of repairs to the vehicle, as well as court costs which include the court filing fee and process server fee. Additionally, if the other driver can's pay for damages upfront, the court judgment can be enforced with a wage garnishment.

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