What to do if I was involved in a hit and run accident with a drunk driver who has no insurance and his license was suspended for a previous DUI?

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What to do if I was involved in a hit and run accident with a drunk driver who has no insurance and his license was suspended for a previous DUI?

I had no injuries but my car is totaled and I dont have uninsured motorist coverage. What are my options to try and recover my loses against him. I believe he is active duty military or at least that is what his plates said that fell off at the scene.

Asked on September 11, 2013 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue him and, based on what you write, will almost certainly win. If he is active duty military, you may be able to collect by garnishing his salary--while military pensions are protected from garnishment or execution, I believe that their salaries while active are not.


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