If my son was involved in a car accident that was not his fault but the other driver was not insured, what can he do to recoup his car repairs?

The at-fault driver had not paid his insurance premium on the day of the accident; he did pay the day after the accident. The at-fault driver’s insurance company would not pay for the damage on my son’s car because his premium had not been paid. The damage totaled my son’s car was $500; he did not have collision insurance with his own insurer and therefor he is out the $500 and no car. What can be done to get some compensation? No one was injured in the accident.

Asked on December 9, 2015 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The other insurer is not responsible if the insurance was not in place (premium not paid) when the accident occured, and your son's insurer is not responsible if he did not have the right kind of insurance. However, your son can still sue the at-fault driver for any costs or losses (e.g. the $500); just because the other person did not have insurance does not mean he is not responsible to pay for the damage he does--it just means he doesn't have insurance to make the payment(s) for him. For $500, a good option is for your son to sue in small claims court, acting as his own attorney ("pro se").


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