If I was hit by a driver who has no insurance how do I pursue for damages?

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If I was hit by a driver who has no insurance how do I pursue for damages?

I got into an accident last week and come to find out, the lady doesn’t have insurance and I’m stuck with the deductible. To make matters worse, she was in a rental. What steps do I take now? If I pursue legal action against her for the unpaid fees how does this work? The claims rep from my insurance couldn’t tell me anything about it. It almost like why bother having insurance.

Asked on June 8, 2019 under Accident Law, Florida

Answers:

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

Answered 1 year ago | Contributor

If you have uninsured motorist coverage, you can file an uninsured motorist claim through your insurance company for the property damage (cost of repairs) to your car.
If you don't have uninsured motorist coverage, your recourse is to sue the at-fault party for negligence. Depending on the amount of your property damage, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. A monetary judgment can be enforced with a wage garnishment.


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