If I was involved in a car accident and was not at fault but the other driver was not insured at the time, what should I do?

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If I was involved in a car accident and was not at fault but the other driver was not insured at the time, what should I do?

Basically, I had a green light and someone ran a redlight and hit my car. My car is no longer drivable. The other other driver and I exchanged info but the his insurance company is saying that he was not covered at the time.

Asked on June 21, 2017 under Accident Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

For property damage, assuming that you are the registered owner of the car, you can file a claim with your insurance company under your uninsured motorist coverage. Your insurer will then subrogate the claim and pursue its remedy against the at-fault driver. In the event that you are also uninsured or have insurance but no uninsured motorist coverage, then you can sue the at-fault party.


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