What steps can I take if I was in an accident and the at-fault party doesn’t have insurance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What steps can I take if I was in an accident and the at-fault party doesn’t have insurance?
I have PIP insurance with no collison. I was involved in a accident and the other driver was at fault. My car is a total loss and the person does not have any insurance. Do I have a case?
Asked on June 16, 2012 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since you don't have collision coverage on your auto insurance policy, I assume you don't have uninsured motorist coverage. If you had uninsured motorist coverage, you could file a claim through your company. Without uninsured motorist coverage, you will need to sue the uninsured at-fault party for negligence. Your damages (the amount of compensation you are seeking in your lawsuit would be the loss of your car). Your damages should also include the cost of a rental car. You will need to mitigate (minimize) damages by selecting a rental car with a reasonable rate. If you selected the most expensive rental car you could find, your damages would be reduced accordingly. When you get a court judgment against the at-fault party, you should enforce the judgment with a wage garnishment.
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.