What to do if the at fault driver was uninsured?

UPDATED: Oct 1, 2022

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What to do if the at fault driver was uninsured?

I was in an accident and the person that hit me was in a rental. That person was not on the rental agreement and not listed as a driver on the insurance. The person who rented the car had insurance but now I am being told the rental agreement is void because they allowed someone else to drive. So who is responsible for repairs on my vehicle?

Asked on April 17, 2018 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The at-fault driver would be responsible: regardless of whose vehicle he is driving, an at-fault driver is always responsible for the damage he causes. The person who rented the car may be liable, too, since a person who has control over a car (as he did, in renting it) is often liable if they allow someone to drive who is at fault in causing an accident. Even if they did not have insurance, that does not mean  that one or both persons would not have to pay for the damage: it must means they'd pay with their own money, without insurance to help them. You should sue both individuals for the cost to repair your car--possibly in small claims court, as your own attorney or "pro se" (to save on legal fees) if the cost to repair is less than the small claims limit.

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