What are my rights if I was in an accident but the at-fault driver was uninsured?

My insurance was lapsed.

Asked on July 2, 2017 under Accident Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming that the accident is for property damage only (since you mentioned no injuries) and you are the registered owner of the car, then you if you had been insured you could have filed a claim with your insurer under the uninsured motorist coverage. However, since you were also uninsured, then your only option here is to sue the at-fault party. Depending on the amount of the damages, you could bring suit in small claims court. If you win, you can recover your damages (repair costs for the vehicle) and court costs (court filing fee, expense of the process server, etc.). Your court judgment against the at-fault driver can be enforced with a lien against any property that they own and/or a wage garnishment.

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