Do uninsured motorists really get off with no penalties?

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Do uninsured motorists really get off with no penalties?

I was involved in a no fault accident where the
driver of a car drove into my car and caused
considerable damage to my car. However the
driver of the car was not the owner of the car. I
did get a police report though no ticket was
issued and the owner of the car does have
insurance but I just recently found out her
insurance will not cover my damages because
the driver of the car is not listed on her policy. I
ended up having to file an uninsured motorist
claim with my insurance and will be responsible
for paying the deductible and car rental fees. I
know one option would be to sue the driver but
I’m pretty sure collecting the money from the
judgement will be unsuccessful. Will the driver
face any consequences for his actions because
right now it seems as though he’s getting away
with hitting my car and causing damages due
to his negligence and I’m the one having to
come out of pocket while he’s not having to pay
one penny.

Asked on August 7, 2017 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The police *could* have, but were not required to, issue a ticket: unfortunately, while they should have done that, there is no way to compel them do so. If they had, the other driver could have faced a several hundred dollar fine and potentially several months of license suspension, but no more.
If you can determine that this driver has a steady job for another person (not self-employed) or owns any real estate, it may be worth suing them in small claims court as your own attorney: the cost is low, and if you win, you could potentially garnish their wages or put a lien on property. It will involve some work or effort on your part, but at least minimial costs. If you can't determine that they have a steady job or real estate, it is not worthwhile.


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