What should I do if I was in a car accident with someone with no insurance?

Question

I was involved in an accident to which the other driver was at fault. He has no car insurance. Can I sue him for anything more than the blue book value of my car (it is totaled)? I was taken to the hospital in an ambulance but had no serious injuries.

Steven D. Dunnings · Answer

Did you get money from your insurance for the value of your car? Did you have insurance on your car?

Reza Torkzadeh · Answer

Unfortunately this is a common situation.  You would need to first check your own insurance policy to determine if you have uninsured motorist coverage.  The best thing to do is to have an attorney look at your case and determine if there are any available sources to recover from.  For example, if the driver was in the course and scope of his employment, or if he was running an errand for someone.  There are theories of vicarious liability that may apply.

A. Woska · Answer

The fact that you were in an accident which was caused by another driver, you have a legal claim against the other driver for negligence. Whether the person causing the accident has insurance or not does not have anything to do with his liability to you. You should contact an attorney familiar with car accidents and let him look into the facts and circumstances for you. The lack of insurance is not determinative of whether they have the assets to pay for the damages.  Also, check to see if your policy of insurance contains under insured or uninsured coverage.

Earl Straight · Answer

As for the car, you can only sue for its fair market value, which is similar to but may be slightly different than book value.  If youre going to file suit, make sure you include a claim for your bodily injuries, including medical bills, lost wages, pain and suffering, etc.  You only get one shot at it.  You cannot sue for your car now and then come back later and file a second suit for any other claims, so claim all your damages in your original suit.

Thomas Bulman · Answer

Your medical expenses should be submitted to your insurer under the medical payments coverage that is standard on most policies.  You can sue for property damages only in small claims court, but collecting a judgment will be a dubious proposition.  People without insurance don't always have bank accounts.  If you know where the person works, you can try and execute against his paycheck.

Kevin Habberfield · Answer

Sorry to hear you were in a crash. After you have contacted the police, notify your insurance company immediately. They can set you up with an Uninsured Motorist (UM) claim if your injuries turn out to be more serious than you think. They will also make sure your property damage and any medical bills/lost wages are paid for by your Personal Injury Protection (PIP) coverage, i.e. No-Fault. This is why you buy insurance, to protect yourself from others.  Good luck.

Paul Whitfield · Answer

You are entitled to something (perhaps small) for personal injury. Suggest you sue in Judge Judy court (small claim).

Andrew Velonis · Answer

Book value plus rental value of replacement vehicle for a reasonable period of time (figure a week).  Check with your insurance company first to see if you have coverage for this, if so, let them pay you and then they can go after him.  Your no-fault coverage will pay for your medical expenses.  If you were not seriously injured, then there is nothing else to pursue.

Mark Leonardo · Answer

Do you have Uninsured Motorist Coverage on your own policy?  If so, your carrier will handle the claim.  You may have to obtain a certificate from DMV to prove the other driver was uninsured.  Most people who get car insurance don’t give much thought to Uninsured Motorist Coverage, but it becomes really important when things like this happen, particularly since so many motorists in our economy cannot afford car insurance and drive anyway.  If you don’t have this coverage, you can sue the driver for your damages.  This includes the damage to your car, your medical expenses, and your inconvenience, pain and suffering, (even if no serious injuries).  Insurance companies do not give much credence to Blue Book values.  They look in the area for similar cars offered for sale.  You can always argue which is ever the highest value Kelley Blue Book or car sales in local newspapers and online in your area.

David Stoddard · Answer

You should have uninsured coverage that covers all of your damages in the event you are hit by an uninsured driver.  Uninsured coverage is mandatory in SC and if you are insured, you have it.

Francis Paul Hajek · Answer

If the at fault driver of the car accident has no insurance, he probably has no assets.  So you have to look to the uninsured motorist coverage under your insurance policy.

Jared Altman · Answer

For personal injuries you can go against your own insurer under your SUM endorsement but for property damage you'll have to go against the other driver and owner personally. I suggest you use a lawyer if you think you might have a personal injury claim.

Tim Jones · Answer

You are entitled to be reimbursed for property damage and compensated for personal injuries.  If the defendant is uninsured, they are unlikely to have any assets which could be used to compensate you.  Therefore, you should file an uninsured motorist claim with your insurance company.

Gary Moore · Answer

So long as you have insurance you should have coverage under your own car insurance policy for "uninsured drivers." Check the most recent declaration page for your car insurance to see how much coverage you have.

Jeffrey Wittenbrink · Answer

If a person has no insurance it does not affect how much you may sue him for-only how much you may be able to eventually collect.  You may only sue for actual damages.  Minor injuries are still "damages," they are only "minor" and therefore not worth a lot-but more than nothing at all. You may sue for some inconvenience associated with the loss of your car, as well as the "book value," which varies by locality, so you should be careful to make sure you are getting a good value.  If you sue and obtain a judgment, you may be able to collect from the person without insurance by all of the usual means attorneys use to collect judgments-garnishment, seizure of non-exempt assets, etc.  You may also be able to have the state cancel and seize his driver's license until he reaches a settlement or agreement with you to pay, sometimes over a period of time.  If the person cannot afford to pay you, he may file bankruptcy and be relieved of the obligation, again, depending on the amount of the judgment and his assets or other liabilities.

Lyle Masnikoff · Answer

You could but probably would not collect anything.  You may have uninsured insurance.  Call personal injury attorney.

Richard Lowell · Answer

If you had full coverage - then you should have Uninsured Motorist (UIM) benefits through your own insurance company.  Make a claim through your own insurer.  They will step in the shoes of the other driver and will pay you.

Thomas Patton · Answer

You should report the accident to your own auto insurance company to access your uninsured motorist coverage. You should also follow up with your doctor if you are still having pain and stiffness. It is the fastest way to recover, and the only way you can be fully compensated for your injuries. You should report both your property damage claim, and your bodily injury claim, even if you have only the one emergency room visit. Your bodily injury claim will be worth substantially more if your doctors recommend physical therapy or other further treatment beyond the one visit.

Matthew Kaplan · Answer

Your own insurance policy will cover you for any injuries and pain and suffering.  This is called Uninsured Motorist coverage.  Please contact my office at the number below and I would be happy to help you.

Richard Copeland · Answer

You can sue for both your personal injuries (even though not serious) and the property damage.  It is likely, however, that an uninsured driver has no assets worth going after.

Russell Gray · Answer

You probably have uninsured motorist (UM) insurance coverage on your own  auto policy.  Your agent should be able to tell you more.  If you have  that coverage, make a claim for your bodily injury and your property  damage.

Spencer Farris · Answer

You are entitled to the full value of your vehicle- the blue book may or may not represent that amount.  In addition, you are entitled to recover for your injuries. If you are a Missouri driver with car insurance, your uninsured motorist coverage is responsible for your damages.

David Craig · Answer

You need to contact your insurance company and either make a claim under your uninsured motorist coverage or your collision coverage.  In Indiana your insurance company is required to provide you with uninsured motorist coverage unless you waive it in writing.  If you have been injured at all you do not want to settle your uninsured injury claim until you are 100% back to normal.  If you are already okay you should still be sure that your medical bills get paid.  You may also have medical payment coverage that will pay part or all of your medical expenses.  With respect to your property damage which coverage you use will depend on the value of your vehicle.  The uninsured property damage coverage will likely have a cap less than what you can claim under your collision coverage.  On your vehicle you are entitled to the lesser of the fair market value of your car or the cost of repair.  Once your insurance company pays you then it will have the right to go get reimbursed from the other driver.  If you are suffering from any injuries I would suggest that you call and talk to an injury lawyer for free.   Your insurance company isn't necessarily on your side when you are making a claim against them so it usually beneficial to have an attorney help you.  Good luck.

Jon F. Schmoll · Answer

If you have insurance on your car, check the uninsured motorist coverage because it might provide coverage for property damage by an uninsured motorist.  Also check your collision coverage.  If you have uninsured motorist coverage, that coverage will handle your personal injury.

Robert Lucky · Answer

Yes, you can sue him for the actual cash value of your car plus any rental expenses you incurred as a result of his negligence. You can also request judgment for all medical expenses and pain and suffering. There are other options as well that we can investigate before bringing a lawsuit against the person which might be more beneficial to you.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Christopher Earley · Answer

If you want you can give me a call and I can help answer your questions. Thank you.

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What should I do if I was in a car accident with someone with no insurance?

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