What can be done to collect for an accident in which both drivers were uninsured?

Question Details:

Yesterday I was hit from behind by another vehicle while sitting still in a fast food drive-thru. Both of our insurance policies had been cancelled in November. How is the best way to get them to pay for the damages to my vehicle. I have since renewed my policy but that doesn't help this situation. I have witnesses but no police report since it happened on private property. I was told they wouldn't do anything since it was on private property.

Asked 12/11/2009 under Auto Accidents | 256 View(s) | More Legal Topics

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Auto Accidents Law Answers

Did you file an incident report at the fast food restaurant?  Most places have a policy for filing such a report for accidents that happened on their property.

You will have to go and get an estimate for the repair of the vehicle.  Once you have it contact the other party.  Give them a copy of the estimate and ask for payment to repair.  You should do this in writing with a return receipt.  If they refuse to pay then you will have to take them to court.  If the amount falls under the small claims court limits you can go there without a lawyer. You will need proof: the witnesses and the report.  You may want to get signed affidavits from the witnesses (that are notarized) to insure that they do not disappear in the meantime. 

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