how do I file a claim when they have no insurance and it’s not my fault.

the driver of the other vehicle was at fault with no drivers license or
insurance. She borrowed her fathers truck which had no brakes and hit me in the
passenger side sliding door and rear quarter panel while running a red light. I
got an estimate from a dealer and the police report.

Asked on September 27, 2016 under Accident Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

If the father of the at-fault driver has insurance, you can file your claim for property damage (cost of repairs) with his insurance company because he is the registered owner of the vehicle.  His insurance company will probably deny your claim because the daughter was an uanuthorized driver (one not on the policy).
If the father does not have insurance and you don't have uninsured motorist coverage on your auto insurance policy, your only recourse is to sue the father and daughter for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your vehicle.
Depending on the amount of your damages, you may be able to file your lawsuit in Small Claims Court.  You can also recover court costs such as the court filing fee and process server fee upon prevailing in the case.
After obtaining a court judgment against the father and daughter, you can enforce the judgment with a wage garnishment.


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