If I was hit by an uninsured driver, what are my rights?
Question Details: The guy said that he would pay for my damages but he is now avoiding my calls and texts. What can I do? The repair estimate is $1,300.
- Auto Accidents
- Child Custody, Support, Adoption
- Collections and Debt
- Consumer and Lemon Law
- Criminal Defense
- DUI / DWI
- Divorce, Marriage, Alimony
If the accident is for property damage only, assuming that you are the registered owner of the car, you should file a claim with your insurer under your uninsured motorist coverage. It will then subrogate the claim and pursue their remedy against the at-fault driver. In the event that you are also uninsured or have insurance but no uninsured motorist coverage, then you can sue the at-fault party. Since the damages are only $1,300, you could bring suit in small claims court. If you prevail, you can recover your damages (repair costs for the vehicle) and court costs (court filing fee, expense of the process server, etc.). Your court judgment against the at-fault party can be enforced with a lien against their property (if the have any) or a wage garnishment.