My car got hit on the private apartment complex where I live and the lady, who lives next to me, refused to give her insurance info. What can I do about it?

I was getting home from work and about to park but as I was driving through the parking lot, the woman backed up out of her parking spot and hit the back of my car as I drove behind her. We both got out of our cars and she claims she didn’t see me even though I was right behind her. Honestly, I think she didn’t even bother to look back when she started moving her car. When I asked her for her insurance information, she refused to give it to me as well as any other info. and immediately drove off. She lives in the same building as me and I know that because I see her all the time. When the cops arrived at my apartment, he said he couldn’t do anything about it because it happened in a private property and that if I pursued it, I would get a point on my record even though I wasn’t at fault. Is there anything I can do about this situation. The back right wheel/tire is scratched up as well as some of the paint on my car.

Asked on May 8, 2016 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The at-fault party might not have insurance.  If that is the case and you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance company for the property damage (cost of repairs to your car).
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.  You can file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car and court costs.  Court costs include the court filing fee and process server fee.  After you prevail in the case, you can enforce the judgment with a wage garnishment.


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