What can I do if I was rear -an ended by uninsured motorist?

I was driving my girlfriend’s car from the store, to the house (within 2 miles). I was rear-ended by an uninsured driver She has full coverage by state standards but no uninsured motorist and I am not on her policy. Are we basically screwed and have to pay ourselves for damages?

Asked on May 18, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you feel that the at-fault driver (and note: the law presumes that the driver who rear-ended you was at fault, since she had the obligation to maintain a safe following distance and speed and to pay attention, so she could stop in time) would have the assets (e.g. money in the bank; property on which you could put a lien) or income (e.g. a job, the wages of which could be garnished if you win a court case) to pay for your losses, injuries, or damage, you could sue the driver--even if she does not have insurance, she can be required to pay out of pocket. The key thing is, she must appear that she will have the money or assets to pay: a court judgment does not make money appear where there is none (as the old saying goes, "you can't get blood from a stone"), so if she is insolvent, there's no point in suing--even if you win, you will not recover anything.


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