Car accident: Person at fault has no car insurance, what can I do?

Unfortunately, you did not buy enough insurance, since, it is more common than you realize that so many people drive and have no insurance.

Insurance follows the car, so even if he did not have insurance, then the owner "may" have. But, since your insurance is handling your car damages, then they will verify this for you, since, after they pay you for your car damages, they will go after the owner/driver for their payment and your deductible.

Since you bought no medical payment coverage, they cant pay for your medical bills. Since you did not buy any uninsured bodily injury, then your insurance company cannot settle with you on your injury.

No rental coverage, same as above, so you are paying out of pocket.

You can talk to a lawyer, but my guess, after the lawyer finds out that the owner/driver has no insurance, wont be interested, or, could ask you to pay for the lawyers services, which would not be advisable.

Your only other option is to have you and your sister file a claim in small claims court against the owner/driver for your rental bills and all of your medical bills. But, if, the owner/driver has no assets, which most don't if they don't buy insurance, all you will get is a judgement, that most likely will never see a dime of it.

The only way to collect would be to find out if this person has a job and can then file a garnishment on wages.

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RE :Car accident: Person at fault has no car insurance, what can I do?

Hello!

Recently, I was involved in a car accident where the other driver was at fault (carelessly ran a red light) and didn't have insurance; my question is what do I do now. My car got totaled, but my insurance is going to pay me the whole value it's worth, but minus a deductible. Also, my sister and I are going to a back doctor because of some minor pains we started getting... People are telling me that I should do a "small claims" against the guy, but what exactly do I sue him for? And how?

More info: He had no insurance, and the car wasn't his. My insurance doesn't cover health or rentals I believe. I'm located in California.

Any help will be truly appreciated! Thank you!

Follow 13 answers

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RE :Car accident: Person at fault has no car insurance, what can I do?

Hello!

Recently, I was involved in a car accident where the other driver was at fault (carelessly ran a red light) and didn't have insurance; my question is what do I do now. My car got totaled, but my insurance is going to pay me the whole value it's worth, but minus a deductible. Also, my sister and I are going to a back doctor because of some minor pains we started getting... People are telling me that I should do a "small claims" against the guy, but what exactly do I sue him for? And how?

More info: He had no insurance, and the car wasn't his. My insurance doesn't cover health or rentals I believe. I'm located in California.

Any help will be truly appreciated! Thank you!

Follow 13 answers

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RE Car accident: Person at fault has no car insurance, what can I do?

Hello!

Recently, I was involved in a car accident where the other driver was at fault (carelessly ran a red light) and didn't have insurance; my question is what do I do now. My car got totaled, but my insurance is going to pay me the whole value it's worth, but minus a deductible. Also, my sister and I are going to a back doctor because of some minor pains we started getting... People are telling me that I should do a "small claims" against the guy, but what exactly do I sue him for? And how?

More info: He had no insurance, and the car wasn't his. My insurance doesn't cover health or rentals I believe. I'm located in California.

Any help will be truly appreciated! Thank you!

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RE Car accident: Person at fault has no car insurance, what can I do?

Hello!

Recently, I was involved in a car accident where the other driver was at fault (carelessly ran a red light) and didn't have insurance; my question is what do I do now. My car got totaled, but my insurance is going to pay me the whole value it's worth, but minus a deductible. Also, my sister and I are going to a back doctor because of some minor pains we started getting... People are telling me that I should do a "small claims" against the guy, but what exactly do I sue him for? And how?

More info: He had no insurance, and the car wasn't his. My insurance doesn't cover health or rentals I believe. I'm located in California.

Any help will be truly appreciated! Thank you!

If your insurance company is paying you for the damage, you either have Collision or Uninsured Motorist coverage in force on your policy. And there usually is a deductible for situations like this.

Check your policy (or call your agent broker) to see if you have any accident benefits / personal injury protection coverage, including under Uninsured Motorist. Also, check with your medical insurance provider to see if that plan covers injuries from auto accidents. Some plans exclude auto accidents, but some don't.

And finally, you can sue the owner of the other vehicle in court. There is no guarantee that you'll be paid if you win (people who don't insure their vehicles usually don't have much in liquid assets), but it's worth looking into. Talk to a lawyer who specializes in auto accident injuries about that. Most of them will offer a free initial consultation just to see what kind of case you have. Don't go with the small claims do-it-yourself route just yet, talk to a lawyer first.

You will have to sue him to see if you can get reimbursed. You can sue in small claims court and a lawyer is not required. The chances of ever collecting though, from a moron who drives uninsured is slim.

For the future, consider buying collision insurance and possibly medical payments and/or uninsured motorist insurance (depending on your US state) for your car. If you had those coverage's for this accident, your car and your medical bills would have been paid by your own insurance and it would have only cost you the collision deductible (to repair your car) and nothing out of pocket for your medical bills.

Tip: Consult with your insurance agent to learn what I have suggested

Talk to your insurance company or agent. They are probably already planning to sue this guy to get their money back. If they get the full amount from him they will pay you the deductible back. Your insurance probably will cover you for your injuries. Ask them. Like some of the others have said if this guy has no money then he has no way to pay, but there may be ways to garnish future wages etc. and eventually you might get something.

Insurance follows the vehicle not the driver.if that vehicle is insured u can file a claim with that insurance company..if the vehicle is not insured then you can just let ur company know you are still injured.you can pursue the person directly but as stated before that would need to go small claims

You could sue him but the problem is a court doesn't give you money, they give you a judgement. If the person you sued has nothing you get nothing and people who drive without insurance almost always have nothing.