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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

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

Answered 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption