If I was hit by a driver with no insurance but they say that they will pay, if they don’t what can I do.

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If I was hit by a driver with no insurance but they say that they will pay, if they don’t what can I do.

The accident happened in a different state than the one in which I live. I did not get a police report or written contract.

Asked on March 28, 2012 under Accident Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can try to sue the person: you could attempt to sue on the oral agreement to pay (though it can, as a practical matter, be very difficult to enforce an oral agreement if the other party denies your version of it; it often becomes a "he said, she said" test of credibility). You could also ignore the agreement and--if you believe the other driver was at fault (e.g. driving negligently or carelessly), since liability for auto accidents depends on fault--sue the driver for negligent damage to property (your car).

Bear in mind:

1) It is more difficult to sue somone in a different state--for example, I don't believe you could sue in small claims court, so you'd effectively need to hire and pay a lawyer).

2) If the person has no insurance, you could only collect from his/her own income or assets. If he or she has little income or few assets, however, even if you win the lawsuit, you may not be able to collect anything.


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