What can I do if I was rear-ended but the at-fault driver was uninsured?
Question Details: I was rear-ended at a stop light. The driver of the vehicle that hit me was found at fault. She provided the police officer her insurance card and information. My insurance company advised me that the insurance policy she had was lapsed 30 days before she ran in the back of me. The phone number she provided is 5 years old and belongs to her old foster family. Per the police report she is a 21 year old kid. She did over $8,000 in damages to my car and it will take about a month to get the parts and fix my car. I had to pay $500 for the rental car and my out of pocket $500 to get my car fix. How do I recover my loss of $1000 give or take, my inconvenience, time I had to take off work? Can I call the police and provide them them the accident report number and tell them that she has no insurance, and provided false information on the police report? She did receive 2 citations so I am sure she has to go court for those.
It would be advisable to inform the police that the at-fault driver was uninsured and provided false information on the police report.
Since the at-fault party was uninsured, if you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company. This would be for the property damage (cost of repairs) to your car. Unless you have rental car coverage on your policy, your insurance company won't pay for that. Your uninsured motorist claim for property damage won't cover time off from work, etc. If you were injured in the auto accident and had a separate personal injury claim, documentation of wage loss due to the injury would be recoverable.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.