If I got rear-ended on the highway but the driver who was driving the car had no car insurance, is there any way to get the driver to pay off my car’s damage?

Asked on October 7, 2015 under Accident Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company for the property damage cost of repairs to your car.  Your auto insurance company will then sue the uninsured motorist to recover the amount it paid on the claim.
If you don't have uninsured motorist coverage, your only recourse is to sue the uninsured motorist for negligence.  Depending on the amount of your property damage, you may be able to sue the at-fault party in Small Claims Court.  Your damages the amount of monetary compensation you are seeking to recover should include your property damage cost of repairs to your vehicle and court costs which would include 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.