How do I recover expensesfrom an auto accidentif the at-fault driver was uninsured?

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How do I recover expensesfrom an auto accidentif the at-fault driver was uninsured?

I live in GA and was rear-ended out-of-state in VA. The person who hit me showed proof of insurance at the accident (USAA) but my claim was denied due to late payment even though she is still has a policy with USAA. I would like to know what are my options to recovering rental car expenses ($667) as well as my uninsured motorists deductible ($250). No one was hurt in the accident.

Asked on August 24, 2010 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you may not have any good options or recourse. If the other driver was not covered at that time, such as due to late payment, to collect from her you'd have to sue her personally; and, for that matter, if she were covered by the insurer is disclaiming coverage, to collect, you would need to bring a legal action--or sue--as well (naming either her and/or the insurer, depending on exact circumstances). In either event, you could easily spend more money on the lawsuit--especially pursuing someone out of state--than you would recover. (N.B. suing someone out of state is more difficult, and less amenable to small claims court, than suing local.) You could discuss the matter with an attorney--many provide a free initial consultation--but there may be no cost-effective way to seek compensation.


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