What to do if I was involved in an auto accident in which my vehicle sustained most of the damage but the other party has no license or insurance?

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What to do if I was involved in an auto accident in which my vehicle sustained most of the damage but the other party has no license or insurance?

My vehicle has since then been ticketed and been impounded as an abandoned vehicle. What are my rights under the law?

Asked on February 12, 2013 under Accident Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

I assume the other driver was at fault in the accident.  If you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company for property damage to have your car repaired.  If you don't have uninsured motorist coverage, you will need to sue the at-fault party for negligence.  Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.

Your lawsuit should name both the at-fault driver and the registered owner of the vehicle as defendants if the registered owner is someone other than the at-fault  driver.  The police report will include the registered owner.

 


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