What to do when hit by a non-insured driver?

UPDATED: Sep 30, 2022

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What to do when hit by a non-insured driver?

Driver rear-ended my daughter. She and her friend were not injured but her car was totaled. The at-fault driver was cited for careless driving.

Asked on March 10, 2016 under Accident Law, South Dakota


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

Answered 6 years ago | Contributor

Assuming that you have uninsured motorist coverage, you can file a claim for property damage for cost of repairs to car with your auto insurer. Additionally, if you were injured, you could also file for a personal injury as an uninsured motorist claim. If you don't have uninsured motorist coverage or any car insurance, then your only recourse would be to sue the at-fault driver. If you sue win, you can obtain a judgment which can be enforced with a wage garnishment or lien on their property.

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