What is my recourse if I was hit by an uninsured driver?

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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 6 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.


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