What doI do ifmy car was totaledand I was injured but I wasn’t insured at the time?

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What doI do ifmy car was totaledand I was injured but I wasn’t insured at the time?

I got in a car accident the initial car who rear end me and cause me to spin out and crash left the scene but the second car hit me after I was already disabled. I have no photos of the accident damages because I was injured and taken off to the hospital. As stated earlier I wasn’t insured at the time. What steps do I take now?

Asked on December 21, 2011 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you know, or can determine (e.g. from a police report) who the other drivers are, and if those drivers were "at fault" in hitting you, then you could sue them for the damage to your car; for example, you could potentially recover the then-current value or worth of your car, if it were totalled. The key is (1) you obviously need to know who to sue; and 2) they must have been negligent, or unreasonably careless, in hitting you. For example, they must have been following too close, going to fast, texting while driving, DUI, etc. If they were not at fault--that is, they did nothing wrong--they would not be liable.


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