Car Accident

UPDATED: Sep 30, 2022

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Car Accident

If my sister was driving my car and was not under my insurance
but got hit by another driver which he was at fault but was not
under the car insurance he was driving. what do i do? I’m being
told since he wasn’t under the car insurance they can’t do
nothing. Since my sister was driving and is not under my car
insurance my insurance has stated they can’t do anything.

Asked on September 30, 2016 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since your sister wasn't covered under your auto insurance policy and the other driver is uninsured, your only course of action is to sue the uninsured driver for negligence  for the property damage (cost of repairs) to your car.  Depending on the amount of compensation you are seeking, you may be able to file your lawsuit in Small Claims Court. You can enforce the court judgment you obtain with a wage garnishment against the uninsured driver. You can also recover court costs such as the court filing fee and process server fee.
I assume that your sister was not injured in the accident since you did not mention it.

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 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.

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