What to do if my car was hit while parked but the driver gave us inactive insurance information?

My car was in a hit and skip accident while parked, the driver does not have insurance. I only had liability insurance on my car, can my insurance do anything for me? When we went to court the judge gave him a year probation and required him to give us the insurance info. the guy gave us his insurance info but his policy had lapsed during the time the accident happened. What should I do? Should I let the judge know about it?

Asked on March 2, 2012 under Accident Law, Ohio

Answers:

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

Answered 8 years ago | Contributor

You should inform the judge that the hit and run driver was uninsured.  The judge might take further action against him such as suspending his license for driving without insurance if that is the applicable penalty in your state.

If you had uninsured motorist coverage on your auto insurance policy, you could file an uninsured motorist claim through your insurance company and have your car repaired.  If you don't have uninsured motorist coverage, then a lawsuit against the other driver is your recourse to pay for the property damage to your vehicle.  You will need to mitigate (minimize) damages by selecting an auto body repair shop whose charges are comparable to other auto body repair shops in the area.  If you were to select the most expensive auto body repair shop you could find, your damages (the amount you are seeking to recover in your lawsuit for negligence) would be reduced accordingly.  Your damages can also include the cost of a rental car while your car is in the repair shop.  Again, you will need to mitigate damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, your damages would be reduced accordingly.

The criminal case for hit and run is separate from your civil case (lawsuit) for negligence against the other driver to recover the property damage (cost of repairs to your car).


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