How to do I go by sueing someone who hit me in the back if they don’t have insurance?

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How to do I go by sueing someone who hit me in the back if they don’t have insurance?

The other night, around 7 pm, my family and I were on our way to a family member house when there was a wreck further down the street. So we got stuck in traffic, we was already stopped, then before I let go of the brake to go we get rear-ended, which made my car go on 2 front wheels. The other driver who hit us said that he was going 50 mph. We filled it with our insurance and then called his insurance. To find out he doesn’t a policy with not the policy that he gave the office was his. Now we trying to suing. How do we go by suing him?

Asked on December 26, 2018 under Accident Law, Georgia

Answers:

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

Answered 2 years ago | Contributor

Prior to filing a lawsuit, if you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance carrier for the property damage to your vehicle and for the separate personal injury claims of each occupant of your vehicle when medical treatment is completed and you have the medical bills, medical reports, and wage loss documentation.
Your insurance carrier will sue the uninsured motorist for the amount expended on the claim.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence. It would be advisable to have an attorney handle this.
 


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