What to do if you are in an accident but there is no police report and one of the drivers is uninsured?

Can the other driver’s insurance company get money from the uninsured driver?

Asked on February 19, 2013 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A driver who is injured or his/her car damaged (or his/her insurer, if his/her insurer has paid a claim and is now seeking to recoup some or all of its payment) may seek payment from an at-fault uninsured driver, including potentially by suing. (Remember: as a general matter, only if a driver, whether insurered or uninsurered was at fault--e.g. was driving negligently or carelessly--is there  a right to recover from him/her.) Of course, someone who doesn't bother complying with his/her legal obligations and buy insurance often has few assets and little income, so in practice, it may be difficult or even impossible to recover money from him or her; the other driver or his/her insurer can sue and get a judgment (which will harm the uninsured driver's credit record), but you can't get money from somene who doesn't have any.

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