What happens if you get hit by car but the driver has no insurance?

Asked on March 19, 2015 under Accident Law, Indiana

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 through your insurance company.  Your property damage and personal injury are separate claims.

If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault driver for negligence.  After you obtain a judgment against the at-fault driver, you can enforce the judgment with a wage garnishment.

If you were injured in the accident, don't file your lawsuit until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated.  Obtain your medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the statute of limitations is approaching and you haven't finished your treatment or obtaiined all of the bills, file your lawsuit anyway because  if you miss the statute of limitations, you will lose your rights forever in the matter.

If you were not injured in the accident, file your lawsuit for negligence immediately to obtain compensation for your property damage (cost of repairs to your car).


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