what happen if someone hit ,my car and he have no insurance but the car has?

UPDATED: Sep 30, 2022

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what happen if someone hit ,my car and he have no insurance but the car has?

some one hit me and it was his fault cause he ran the red light, but the
insurance company has refused my clam, and they said because the driver has no
insurance what i suppose to do because i have liability insurance only
the accident took place in Houston TX his insurance company United and mine ACCC
any one could give me any advice please

Asked on May 23, 2016 under Accident Law, Texas


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

Answered 6 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim through your insurance company and receive compensation for the property damage (cost of repairs) to your car.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs (property damage) to your car.
Depending on the amount of compensation you are seeking, you might be able to file your lawsuit in Small Claims Court.  Your damages should also include the court filing fee and process server fee.  After obtaining a court judgment in the case, you can enforce the judgment with a wage garnishment.
I assume you were not injured in the accident since you didn't mention it.

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