What is our recourse and what should be our next steps if we were hit by who we believe was an uninsured driver?
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What is our recourse and what should be our next steps if we were hit by who we believe was an uninsured driver?
He gave the policeman an “insurance card” but we have been unable to find documentation of the noted company anywhere on the internet. He has also been evasive in whether or not he has reported the claim to the company. He has said he would the first couple times we called but is now not answering our phone calls. The estimated damage is approximately $2,000.
Asked on November 3, 2015 under Accident Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your company to have your car repaired. Your insurance company will sue the at-fault party for the amount it pays on the claim.
If you don't have uninsured motorist coverage on your auto insurance policy, your only recourse is to sue the at-fault party for negligence for the property damage (cost of repairs to your car). After obtaining a court judgment against the at-fault party, you can enforce the judgment with a wage garnishment.
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