UPDATED: Sep 30, 2022
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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.
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