What are my options if I was hit by an uninsured driver?

I am 21 years old and got into a accident in my mother’s vehicle. I’m not covered by her insurance but I was also not at fault for the accident. I have a written statement saying that the other driver was at fault. A passenger in the vehicle that hit me said he was in the military and had insurance. However, he does not have insurance. How should I proceed?

Asked on September 12, 2016 under Accident Law, Texas


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

Answered 4 years ago | Contributor

The problem is that since you are not covered by your mother's insurance, her insurance company will probably deny the claim if an uninsured motorist claim is filed with her insurance company (assuming she has uninsured motorist coverage).
Since your mother is the registered owner of the car, her only recourse is to sue the at-fault party for negligence.
After obtaining a judgment against the at-fault party, your mother can enforce the judgment with a wage garnishment.
Depending on the amount of property damage (cost of repairs) to her car, she may be able to file the lawsuit in Small Claims Court.  If she prevails in the case, she can recover court costs such as the court filing fee and process server fee.
Since you did not mention it, I assume you were not injured in the accident.

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