What can I do if the other person does not have insurance.

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What can I do if the other person does not have insurance.

After an insurance claim was made on the other persons insurance, I discovered
that her policy had been cancelled and was not active until about 30 minutes
after the accident. What can I do since she is the one that pulled out in front
of me?

Asked on August 19, 2016 under Accident Law, Nebraska

Answers:

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

Answered 5 years ago | Contributor

If the at-fault party did not have insurance and if you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance company.
If you don't have uninsured motorist coverage on your policy, your only recourse is to sue the at-fault party for negligence.  Depending on the amount of property damage (cost of repairs), you may be able to file your lawsuit in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit), in addition to the cost of repairs to your car, should include court costs such as the court filing fee and process server fee.  Court costs are recoverable upon prevailing in the case.  You can enforce a court judgment against the at-fault party with a wage garnishment.


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