What to do if someone hit my car today and they claimed not to have insurance but said they would pay for the damages if cops were not called and now I can’t reach them?

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What to do if someone hit my car today and they claimed not to have insurance but said they would pay for the damages if cops were not called and now I can’t reach them?

The only information they gave me was their name, apartment address and phone number. After calling and texting they have no returned my calls. Is there any legal action I can take?

Asked on June 30, 2015 under Accident Law, Louisiana

Answers:

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

Answered 5 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance company to have the property damage to your car repaired.  Your insurance company will sue the uninsured at-fault party to recover the amount it pays on the claim.

If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.  Depending on the amount of damage to your car, you may be able to file your lawsuit in Small Claims Court.  After obtaining a court judgment against the at-fault party, you can enforce the judgment with a wage garnishment.

Your damages (the amount of compensation you are seeking in your lawsuit) should include the cost of repairs to your car and court costs which would be the court filing fee and process server fee.


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