What are my rights if a woman ran into the vehicle I was driving on a private lot but I had no license or insurance?

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What are my rights if a woman ran into the vehicle I was driving on a private lot but I had no license or insurance?

I was not at fault. There is video proving that it was not my fault from the store parking lot camera. Can I win a judgement to fix he vehicle that I was driving (it was borrowed)?

Asked on December 21, 2015 under Accident Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she was at fault and you can prove in court, by evidence or credible testimony, that she was at fault, you should get a judgment against her for the cost to repair the car, IF you have yourself had to pay money to repair it. (If you did not personally pay out to repair, then you did not suffer a loss for which you can seek compensation and it's the vehicle owner who is the correct person to sue.)
Of course, even if you receive a judgment, you have to collect it. If someone had no license and no insurance, either she has no money to pay a judgment and/or she doesn't car about her legal obligations: either way, you'd have to go through a collections process (e.g. trying to garnish her wages, if she works) and could spend a great deal of time, effort, and (if you use a lawyer) money without getting anything to show for it. If the damage is relatively slight, it may not be worth taking legal action.


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