Hit by a driver with no insurance – driving a car with insurance

I was hit by a person on my rear bumper. The driver of the car
does not have insurance though the car he is driving has
insurance. This guy was driving his brother’s car and his name
is not on the insurance. How will this impact my claiM

Asked on August 23, 2016 under Accident Law, California

Answers:

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

Answered 4 years ago | Contributor

Most likely, the other party's insurance company will deny your claim because the at-fault driver was an unauthorized driver (not on the insurance policy).
The registered owner of the vehicle is liable for the accident.
If the insurance company denies the claim, your only recourse is to sue the registered owner and the driver for negligence. 
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs (property damage) to your vehicle.  Depending on the amount you are seeking to recover, you may be able to file your lawsuit in small claims court.  Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee.


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