What can I do if I was in an accident where the other driver was 100% at fault but he did not have a driver’s license or insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if I was in an accident where the other driver was 100% at fault but he did not have a driver’s license or insurance?

We have insurance but besides getting his 3 citations for no drivers license, no insurance, and failure to yield to right of way, does he just get off unscathed or is there some way to settle this where he would need to pay us something (ex: $250 hospital copay, medicine, other car stuff)?

Asked on August 10, 2015 under Accident Law, Texas

Answers:

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

Answered 6 years ago | Contributor

If you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company in order to receive compensation for property damage (cost of repairs to your vehicle), and compensation on your personal injury claim when you complete your medical treatment and are released by the doctor for the medical bills, pain and suffering, which is an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury, and compensation for wage loss.

If you don't have uninsured motorist coverage on your auto insurance policy, your only recourse is to sue the uninsured driver for negligence.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

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

Answered 6 years ago | Contributor

If you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company in order to receive compensation for property damage (cost of repairs to your vehicle), and compensation on your personal injury claim when you complete your medical treatment and are released by the doctor for the medical bills, pain and suffering, which is an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury, and compensation for wage loss.

If you don't have uninsured motorist coverage on your auto insurance policy, your only recourse is to sue the uninsured driver for negligence.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption