If a car hit me and another car from behind and both cars were totaled but the at-fault driver has no insurance, what do I do?

What steps should I take?

Asked on June 23, 2016 under Accident Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since the at-fault driver was uninsured, you can put a claim in on your insurance if you have "uninsured motorist" coverage. If not, then your only recourse would be to sue the at-fault driver and hope that they have assets enough to pay you for your loss. However, if they couldn't afford insurance in the first place, then even if you win a judgement, it may not do you much good as a practical matter.

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