What to do if an uninsured driver hit my car and refuses to work with me to come to and understanding of how to take care of this situation?

I had 2 estimates done on my car one from my insurance company $1,470.31 and the other from the auto shop $1,615.03. I took an average of both estimates and came to $1,542.67 deductible = $2,042.67. Is that a fair number to sue for?

Asked on September 29, 2015 under Accident Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your insurer pays all but the deductible, you can only sue for the deductible and any other miscellaneous out-of-pocket costs, like if you had to pay to have the vehicle towed, or rent a car while it's in the shop. If the insurer doesn't pay, you can sue for the cost to repair plus those other miscellaneous out-of-pocket costs, if any, but not the deductible since the deductible is only a factor if the insurer pays.
Bear in mind that uninsured drivers are often uninsured because they don't have enough income to pay for insurance, or don't have enough assets to make it worthwhile to buy insurance to protect them. You could sue, win, get a judgment in your favor, and still be unable to collect, if he or she has little or no money.


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