What can I do if I was hit by someone who doesn’t have insurance?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 19, 2012

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Insurance Question from Plantsville, CT

Asked on 12/19/2012

What can I do if I was hit by someone who doesn’t have insurance? I was driving & someone hit my car & she isn't insured, my car is totalled & since I don't have collision coverages on my policy I've been told I'm out of luck. No car no money from insurance company or the person who hit me. How is this legal, she brakes the law & now I have no car & no one will provide me money for it.

Answer given on December 28, 2012

If you are involved in an auto accident with an uninsured driver, and you don’t have collision insurance, you are unfortunately a victim of this circumstance. First, see if your insurance policy included uninsured motorist property damage. If it does not, you should be eligible for some compensation under that coverage. There is a dollar limit, usually around $3,500, but it is better than nothing.If you did not have that coverage, then you have the option of taking the other driver to small claims court to see if you can get any reimbursemet from them for the damages. You should also contact the police department and Dept of Motor Vehicles to try to get the driver cited for driving without insurance and get her licese suspended. This doesn’t really help you, but it may get her off the road. If she was cited it could also help you in small claims court.

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