Other car ran stop sign and I ran into him on private proptery.

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Other car ran stop sign and I ran into him on private proptery.

Portsmouth, VA. January 24, snowing. I was leaving Food Lion parking lot. The other car ran stop sign and I hit his right back door and wheel. Front of my car needs new bumper and new head lights. Estimate to fix my car is 1675.
He has no license or insurance. Driving sisters’ car with expired registration. Police arrived on scene and wrote Vehicle Crash Info Exchange. Police said other driver could have gone to jail, but because accident happened on private property, there was nothing he could do. My husband called other driver and told him about estimate. Other driver said, ‘She hit me’.
Can I take him to court to pay for damages? Can state gov. go after him for not having license or insurance or sister for letting him drive her car with expired registration?
I have uninsured motorist coverage, but my insurance said my rate would go up.

Asked on February 5, 2018 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whomever owned the car you were driving (you write "I was driving my sister's car") can sue the other driver if he was at fault for any costs, damage, etc. caused by him and not paid by insurance. Bear in mind, however, that 1) you have to prove in court he was at fault; and 2) if he has no license or insurance, he may not have any money--and if he has no money, it doesn't matter if you sue him and win, since you will still not be paid. (A lawsuit does not make money appear where there is none.)
Whether or not the state can go after him, or chooses to go after him, such as not having a license or insurance, is irrelevant: the state punishing him for violating motor vehicle laws will not result in you getting compensation, though it could result in large fines or other punishment to him.


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