What to do if an uninsured motorist was at fault for our accident?
Question Details: The other driver was at fault and I only had liability insurance. The damage to my car is around $5,000. If I take him to small claims for reimbursement, do I have to fix the old car or can I just put the money towards something different?
If you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance company for the property damage (cost of repairs) to your car.
If you don't have uninsured motorist coverage, your only recourse is to sue the uninsured motorist for negligence. Your damages (monetary compensation) you are seeking in your lawsuit) are the cost of repairs to your car. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. A monetary judgment can be enforced with a wage garnishment. You can decide after receiving the money whether to use it to have the car repaired or for something else.