What to do do if my car was hit by another car about 2 1/2 weeks ago but now I’ve learned that the other driver was uninsured?

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What to do do if my car was hit by another car about 2 1/2 weeks ago but now I’ve learned that the other driver was uninsured?

The driver was cutting through parking spots in a parking lot while we were driving down the lane. We exchanged insurance information. The driver was driving his mother’s car so he gave us the mother’s insurance information for the car. Later the next day he messaged me his insurance information. After waiting for a response from the insurances, our insurance told us that the drivers insurance had been canceled back in March (month before the accident) and the vehicles (mother’s) insurance was not a valid policy. We were going to have to pay $500, but now it’s $200 because of uninsured driver which we still shouldn’t have to pay. What do we do?

Asked on May 15, 2015 under Accident Law, Virginia

Answers:

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

Answered 6 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy,  you can file an uninsured motorist claim through your company to obtain compensation.

If you don't have uninsured motorist coverage, your only recourse is to sue the registered owner of the at-fault vehicle and the at-fault driver for negligence.  

You can file your lawsuit in Small Claims Court and after obtaining a court judgment, obtain a wage garnishment to enforce the judgment.


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