What to do if you’re hit by an uninsured driver?

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What to do if you’re hit by an uninsured driver?

My husband was in a car accident 2 weeks ago and we do not have collision insurance. The accident was not my husband fault but the driver who hit him was uninsured. He did, however, give my husband his personal information (name, address, phone number) but he did not want to stick around for the police to come and he left the scene. Now when we try to call him he does not pick up. The damages to our car are about $2,000. What can we do to get the money back? Is suing our only option? We heard of something called an “uninsured motorist fund” but I cannot find anything online.

Asked on June 18, 2012 under Accident Law, New York

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 10 years ago | Contributor

Unfortunately when you don't carry collision insurance on your own policy, you are gambling on the fact that if you are in an accident, the other driver will have insurance to cover damages to your car.  When then don't, it can leave you with expensive repairs.  If you have uninsured coverage with your own policy, this may be an option for you.  However, it depends on your policy whether or not your uninsured coverage would pay for repairs.  It would be best to contact your insurance company or agent in regard to this.  Yes, you can sue the at fault driver for damages.  Remember that suing someone, even when they are at fault, it not an easy prospect and there are costs involved.  It is not likely that a person who does not carry auto insurance and leaves the scene of an accident prior to the police showing up, is going to be the type of defendant you could recover money from in a lawsuit.  


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