If I was hit by an uninsured driver that left the scene and I’m stuck with the deductible, is there anything I can do?

UPDATED: Jan 19, 2012

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If I was hit by an uninsured driver that left the scene and I’m stuck with the deductible, is there anything I can do?

He was also DUI and driving on a suspended license.

Asked on January 19, 2012 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue the driver--the fact that someone does not have insurance does not mean that he cannot be sued, or would not be liable for any damage he caused in an accident in which he was at fault (and presumably, a DUI driver would be at fault). All it means is that he has no insurance to step in and pay for him, but rather must pay himself. If he has little income and few assets, it may be difficult to collect from him; on the other hand, if you're only looking at collecting several hundred dollars, it's probably worthwhile to invest the $30 - $60 and small amount of your time to sue him in small claims court.

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