If I was in a car accident for which I was not at fault but the other driver wasn’t insured, what can I do?

I was in a car accident. The cops showed to the scene and gathered each person’s information. The other driver was taken to the hospital so I wasn’t able to get his insurance information. Today I got the police report and it stated that it was the other;s drivers fault and on the paper showed that he had insurance. When I called his insurer they told me that my claim was declined by the fact that the driver no longer had coverage and they told me there was nothing they were able to do. So now I’m panicking because I have to pay everything when it was not even my fault. Is there anything that I can do towards this situation? Is it worth taking this case to court?

Asked on February 8, 2016 under Accident Law, Texas


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

Answered 4 years ago | Contributor

If you have uninsured motorist coverage, you can file a property damage claim (cost of repairs to your car) through your insurance company.  If you were injured, you would also file a separate personal injury claim as an uninsured motorist claim through your insurance company.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.
If you sue the at-fault party and get a judgment, you can enforce the judgment with a wage garnishment and/or lien on his property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.