What is my recourse if I was hit by an uninsured driver?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my recourse if I was hit by an uninsured driver?
He told me he did not have insurance and left when I told him I was going to call the police. The police did go to his house and got his name and I have his license plate number and address. My insurance will not cover because the damages are less than the deductible’. How can I get him to pay for my damages?
Asked on June 6, 2014 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue him--insurance only provides one (though the *best* way) to be paid, and nothing says you cannot sue an ininsured driver and collect from his personal income or assets. However, it may not be worth the time and cost of a lawsuit (though if you act as your own attorney, or "pro se" the monetary costs are low; the main cost will be time, distraction, aggravation; etc.) for what I assume is a low amount, since you say its less than your deductible: you could spent many, many hours on this to recover anything. Moreover, if the person had no insurance, he may have no real assets or income--even if you win, it may be very difficult to get the money from him.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.