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


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.

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