Hit by a driver with no insurance – driving a car with insurance
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Hit by a driver with no insurance – driving a car with insurance
I was hit by a person on my rear bumper. The driver of the car
does not have insurance though the car he is driving has
insurance. This guy was driving his brother’s car and his name
is not on the insurance. How will this impact my claiM
Asked on August 23, 2016 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Most likely, the other party's insurance company will deny your claim because the at-fault driver was an unauthorized driver (not on the insurance policy).
The registered owner of the vehicle is liable for the accident.
If the insurance company denies the claim, your only recourse is to sue the registered owner and the driver for negligence.
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs (property damage) to your vehicle. Depending on the amount you are seeking to recover, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.