If I was hit by someone who has insurance does he have to pay even if I don’t have insurance?

I was backed into by a truck in a
parking lot. He said he would pay out of
pocket if I got an estimate. But because
he doesn’t want to pay the 1300 he’s
claiming he isn’t responsible because I
don’t have insurance. Also at the time
he would only give me his business
card

Asked on June 17, 2017 under Accident Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Wheterh or not you have insurance is makes no difference since you were not the at fault party. The relevant factor here is that the person who caused the accident did was insured. Right now, what you need to do is to contact their insurance company and file a claim wih it. If for some reason you do not receive a settlement, then you can sue the at-fault party in small claims court for the damages to your vehicle, as well as related court costs.

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

Answered 3 years ago | Contributor

Since the other party was at fault in the accident, he is liable for the damage to your vehicle.  It is irrelevant that you were uninsured because you were not at fault in the accident.
It would be advisable to file a property damage claim with the at-fault party's insurance carrier.
If the case is not settled with the at-fault party's insurance carrier, file a lawsuit for negligence against the at-fault party 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.  A court judgment can be enforced with a wage garnishment.


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