What do I do to get my car fixed if I was in an accident but the at-fault driver has no car insurance?

UPDATED: Aug 7, 2014

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What do I do to get my car fixed if I was in an accident but the at-fault driver has no car insurance?

I only have a comprehensive coverage.

Asked on August 7, 2014 under Accident Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue the driver; if he/she was at fault as you say, if you sue him/her and win, he/she would have to pay your repair cost. Of course, the problem is, as the old saying goes, "you can't get blood from a stone"--if the other driver has few assets (e.g. no property; not much money in the bank) or a low income, even if you win, you may not be able to collect anything. And if he/she did not have car insurance, there is probably a good chance that he/she has few assets (that is, had nothing worth protecting) or little income (couldn't afford insurance). One reasonable option is, if the amount of damage is more or less at the limit for your small claims courts, to bring the action acting as your own attorney (pro se); that keeps costs down, so you don't risk much by bringing the lawsuit.

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